On Civil Liability Environmental Joint Torts

Environmental joint tort, as a special form of joint torts, is a common phenomenon of public nuisance in the society of modern industry. But what is to be regretted is that enough attention has not been paid to environmental joint torts in legislation as well as in theory. Accordingly, we always resolve the cases of environmental joint torts by means of the rules of joint torts in judicatory practice and the research done by most of scholars in environmental law is almost confined to the simply transplant from the theory of joint torts, which is already proved to be impractical. So, it is meaningful that we probe deeply into the issues such as the essence and liability of environmental joint torts in tune with the characteristics of environmental law.The essay, which is composed of four parts, probes systematically into several main aspects of environmental joint tort. The first chapter defines environmental joint torts and describes its peculiarities, classify it by different standards, and introduce the development of its theory. This chapter is one of the priorities in this essay. The classification of environmental joint torts lays a foundation for establishing a multilevel system of responsibility. The keynote is fixed by analyzing its legal relation and the function environmental joint torts. The second chapter gives an analysis of the constituent element, principle assignment of liability and quote obligation of environmental joint torts according to its specific characteristic. The third chapter expounds the mode of the liability, emphasize the impotence of injunction responsibility, and show that when inflictors bear the responsibility of compensation, we should think of other form of the joint responsibility except joint liability. The forth chapter analyses system of responsibility of environmental joint tort. First author solves the liability in the frame of tort law with "common dangerous liability principle" and points out take joint liability as the leading form and cutting apart liability as the supplementary form in the liability undertaking of environmental joint tort. To the environmental joint tort that can not be solved in the frame of tort law, we should apply The Substitution Compensation. The final aim is establishing a multilevel system of responsibility in accordance with different form of environmental joint tort.