The Study Of The Systems Of Civil Liability Of The Common Environmental Torts

For many years,the author has always paid attention to the Huai-he River serious environmental pollution problems. The consequence of pollution is so serious and terrible that brings inhabitants` huge and painful influence and the significant burden of the national finance. There is a distinct contrast between the quantity of fund in controlling pollution of Huai-He River and the serious consequence of pollution. In 2004, one of the candidates of Chinese-Ten-Law-Character----Mr. Huo Dai-shan who has devoted to the enterprise of Huai-he River environmental protection for a long time spoke sadly to the report:"It is just a dream to govern the dirt of the Huai-he River for ten years!" Why dose so huge contrast appear?. Based on the special superiority, the author read many domestic and foreign famous books, papers and cases of the civil torts and (common) environmental torts on mastering the basic principle of environment law, environmental torts, civil torts, then began the study of the civil liability system of common environment torts. The paper discusses the construction of the theory and system of common environment torts from the vision of the sustainable development for maintaining the benefit balance between the violator and the victim. The article discusses the change and development of the concept of the environment torts in the vision of concept of torts and environmental right with the systematic method, comparative method, history inspect method, sociological method and economic analysis method, then explains the different theories of the common-connection of common torts and analyzes the one-sidedness of the subjective theory and the objective theory and the rationality of the compromised theory and defines the concept of the common environment torts with the characteristic of environment. The paper points out the barrier and limitation of the dual-liability principle dealing with the problems of the common environmental torts and shortcomings of the way of the sole environmental liability in the subjective or objective standards and so on after analyzing the change and development of the civil liability and the tolerance limitation theory. At last, the paper discusses the new construction of the theory and pattern of our nation`s civil liability system of the common environmental torts in the liability criterion and liability form from three different liability principles of no-error liability principle, error liability principle and justice principle and four kinds of liability way of punitive damages system, injunction and the insurance society compensation according to the characteristic of common environmental torts.