The Damages For The Environmental Pollution

The damage caused by environmental pollution is a form of civil liabilities , which the person should take his property to pay for the loss of the victim , because his action lead to environmental pollution and therefore cause damage to else.All action of environmental pollution, when it accord with constitution of its damage, the victim can request the actor the damage. For it is a liabilities of quality of property, whatever the damage on property, human body, spirit or the rights and interests of environment, the last all sum up the damage. Through the inspection of the history of the liability principle, the article confirm the principle of liability without fault is used in the damages for the environmental pollution has the foundation of society and law theory, so "illegal act " is eliminated in constitution requirements. On the base of analyzation kinds of theories of the cause-result, summarize the operating scheme to solve the problem of the cause-result relation. The Chinese system of the damages for the environmental pollution exist many defects, so in this article, the author suggests broaden the scope of the damages for the environmental pollution, use the punitive damages, set up the socialized system of the damages for the environmental pollution, and establish the standard of the damages for spirit, do modify the litigation prescription to protect the victim. The purpose is to prevent the damage caused by the environmental pollution effectively, defend the legal right of the victim, construct the sound and perfect system of the damages for the environmental pollution.