Research On Doctrine Of Liability Fixation Of Environmental Tort

With the highly growing of economic, the disputes of environment tort in our country are rising smoothly. The cases of environment tort happened in recent years are focused on by more and more people. With the sharpening of environment problems, environment tort caused by environment pollution and ecocide has been a big social problem. Environment tort is a special act of tort. This tort is different from the commons on causes, the consequences of injury and remedy. The doctrine of liability fixation occupy core position in tort law, so defining a reasonable system of liability fixation play a positive role in the whole system of environment tort. Moreover, this system gives judicial authority the principles in practices.At present, the common idea maintains that the principle of liability without fault is applied in environment tort in China and other principles are excluded. However, with the development of practice and the improvement of era, the disadvantages of the monism exposed smoothly. As a result, that how to improve the system of liability fixation of environment tort is a problem needed to solve. Currently, there are monism, dualism and pluralism on theory. The monism insists on that the principle of liability without fault is the sole doctrine of liability fixation on the environment tort. The dualism falls into two parties. The one maintain the principle of liability without fault and the principle of liability with wrongs; the other persist in the principle of liability without fault and the principle of equitable liability. The pluralism think that besides the principle of liability without fault, the principle of liability with wrongs, the principle of equitable liability, the principle of liability to hazard etc. are the doctrine of liability fixation.Through the research on the act of environment tort, the author considers that the systems of dual liability fixation including without fault and with wrongs should be applied in China. The system not only is rational on jurisprudence but also is necessary on regime. The system represents the inherent law in the development of the regime on environment tort. So, the system is our rational choice. In the dual system, the principle of liability without fault plays a leading role that is the common principle; the principle of liability with wrongs is the auxiliary that is applied to the special case.This article is divided into five sections. Section one not only expounds the gradual progress of the doctrine of liability fixation on environment tort, but also makes a comparison with some theories. Section two discusses the development of the principle of liability without fault and its significances. Section three talks about the complexity of environment tort and the challenge the principle of liability without fault facing. Section four and section five is the innovation. They are respectively discuss the necessity, rationality of the dual system and its reconstitution. The author hopes the theory and practice of environment tort of China will be benefits from this article.