Civil Liability Of Approved Polluters

Would the company take the civil liability if it sewages under the administrative license? The author believes that, the company strictly in accordance with the administrative license should take the civil liability for its acts. The reason is that, if an administrative action is to confirm the legality of conduct, the civil liability does not change. As for the issue of judicial relief, the relief way by the victim farmers of the sewage is to bring a civil action directly, rather than administrative proceedings incidental civil action. The reason is that, the administrative license is a lawful administrative action, then the administrative proceedings is not a feasible way of relief. As for the way of tort accountability, the victim farmer can claim damages. The reason is that, stopping the infringement and other remedies are "the second level of obligations", which are not applied in the case. Therefore, China should restructure the relationship of rights, obligations, the second level of obligation and the responsibility. This paper is mainly composed of three parts, for about twenty thousand words, as follows:Part one:"First Gordius kont"---The civil liability of the enterprises that sewages under the administrative license. Cases are analyzed to explore "Illegal Nature" of the environmental infringement under the administrative actions---The soul of the civil liability.Part two:"Second Gordius kont"---The judicial remedy is damaged by law? Cases are analyzed to discuss the "Shackles" that the victims would meet in the way of judicial remedy and the dichotomy of the administrative actions.---New ideas for judicial remedy.Part three:"Third Gordius kont"---The reconstruction of rights, obligations and responsibilities. Deeply analyzed the "Paradox" of sewages under the administrative license and the "Second level of obligation"---The civil law "Self-salvation"...