The Dilemma And Outlet For The Application Of The Accountability For Damage Principle

The concept of damage liability principle originated from social justice and externality theory.Since 2014,"Who damages,who pays principle" has been a part of "the Environmental Protection Law of the People’s Republic of China" with express provision"enforcing accountability for damage" in Article 5.As it is derived from "polluter pays principle",so the first step is to study the history the evolution process of this principle and find its real meaning.Although the principle of liability for damage already has the status of actual law.The defects of the connotation of liability for damage and the imperfection of environmental law system lead to its low degree of application in judicial practice.In the field of administrating control,due to the lack of specific provisions and insufficient power of administrative law enforcement,the liability for damage is gradually set in empty meaning.As for the inner reasons,the theory of liability for damage is relatively loose,lacks of core points and due attention to its preventive results,liability of beneficiaries and the regulation of government.So it does not meet the systematic development needs of the principle of liability for damage.This dilemma highlights the need of constructing relevant theoretical category of the principle of liability for damage and establishing a safeguard system.Starting from the current difficulties of application and combining with the method of interpretation of legal principles,we should give more connotation to the principle of liability for damage in environmental law,renew and perfect the principle of liability for damage,in order to complete the transformation from principle to system implementation.First of all,we should pay attention to the preventive and relief role of the principle of liability for damage,and attach importance to its function as the norm of judgment and environmental management.Secondly,on the basis of the theoretical construction of the principle of liability for damage,we should make sure the beneficiary compensation as one of the basic content,and through the mechanism arrangement,give the government the right of recourse to efficiently realize the cost distribution function of the principle,and increase subjective consideration of subjective intentional factors,reasonably allocate rights and obligations under the system of liability for damage.Thirdly,establish the environmental liability insurance and accountability mechanism and other supporting mechanisms,as a guarantee system to realize the principle of liability for damage.Through the reconstruction of the connotation of the principle of liability for damage and the improvement of the external implementation conditions,this paper intends to improve the applicability of the principle and finally enhance the authority of the law.