Study On The Illegality Of The Conditions Of Liability For Ecological Environmental Damage In China

It is the earliest ruled in Germany,which is a negative evaluation of people’s behavior.my country’s just effective "Civil Code" clearly stipulates some of the content of the resulted responsibility of the ecological environment,and the illegal item as a constituent element for the liability of the ecological environment.Analysis of the reasons for the traditional environmental infringement responsibility to abandon the illegal requirements,that is,its compensation rights are in a weak position,belonging to the type of civil liability,which is damaged by the right to claim to protect personal rights and property rights.More discovery,the responsibility of the ecological environmental damage does not have the above reasons,because the compensation rights will be in a strong status,which belongs to environmental legal responsibility,with government environmental supervision responsibilities as the right to claim,to protect the public interest of the ecological environment,therefore,ecology Environmental damage liability is not appropriate to abandon illegality.However,the illegality of the liability of the liability of the liability of the ecological environmental damage is unclear.The problem of different attitudes of case responsibility,leading to the illegality of the illegality of the liability of the ecological environmental damages,there is definitely to say two Viewpoints.Analysis discovery to negate the excessive scope of ecological environmental damage compensation system,the evolution of the value concept of the ecological environmental damage,and the disadvantage of the imbalance of corporate economic interests and environmental protection interests,however,it is certain that the company can consciously abide by environmental norms,in line with Ecological environmental damages liability depends on demand,balance interest protection and behavioral freedom,maintenance of authoritative provisions of the current state,so the responsibility of ecological environmental damage has the necessity of retaining illegal requirements.Through the "Law" scope of the "Law" scope of the "Law" of the "Civil Code",the "Law" scope of the "Law",which is conducive to the rational identification of the liability of the ecological environment.It is further confirmed that the illegal elements of compensation for damage to the ecological environment should be based on form violation as its basic connotation,behavior violation as its principled criterion,and under special circumstances that seriously damage the ecological environment,the result violation shall be its criterion.In order to play the preventive and punitive function of the resulted responsibility of the ecological environment,the "Responsibility" should be extended to "Danger Responsibility",and the ecological environment harm punitive compensation is added to increase the illegal cost,thereby better protect the ecological environment.