Research About Environmental Joint Torts

Since the 20th century 60's, the environmental question has become the major issue which the world faces together, and the solution of the environmental question also becomes the important topic which the world must face together. Along with the environmental torts increase, while controlling and reducing environmental pollution event through the criminal law and the administrative law, countries also pays great attention to use the civil law to restore and to fill the rights and interests which the victim violates. In the environmental torts, there are many cases which are caused by several enterprises' pollution, and we call it the environmental joint torts. How is the environmental joint torts? How do the enterprises undertake the responsibility? These questions are all suspended in front of us. But our theory and the practical realm have not given the enough value to the environmental joint torts, and this causes to be unable to carry on the relief promptly, reasonably to the victims. This article introduces and analyzes the theory of the environmental joint torts, and hopes to provide some value orientations and the entity rules for us.This article is constituted by the introduction, the main text and the conclusion. The main text part is divided into five chapters to analyze.First chapter is the outline of the environmental joint torts, and it is divided into three parts. The first part introduces the definition of the environmental joint torts. The second part introduces the classification of the environmental joint torts. It is divided into it the environment to send together harms, the environment together abuse of authority and the environment together dangerous behavior three kind of types. The third part has analyzed the essence of the environment joint torts .Second chapter mainly introduces the responsibility principle of the environmental joint torts, and it is divided into three parts. The first part elaborates the concept of the responsibility principle and the status in the environmental joint torts. The second part uses the method of comparative analysis, and elaborates the responsibility principle of British, American , Germany, France, Japan which the environment legislation quite developed countries has infringed upon the right in the environmental joint torts . The third part elaborates he responsibility principle which is used in the environmental joint torts in our country. Author proposes our country should use the non-mistake responsibility principle, but the non-mistake responsibility principle is not truly established at present in our country.Third chapter mainly introduces the constitution document of the environmental joint torts. In this chapter, the article referring to the traditional constitution document theory, and referring to the authority characteristic of the environmental joint torts, proposes the common environment injures the behavior, the identical harm consequence, the overall causal relation three constitution documents. Then the part has carried on the elaboration separately.Fourth chapter is about the exempt the responsibility matters in the environmental joint torts, and it is divided into three parts. The first part introduces the force majeure. In this part, the author proposes own opinion, and the anther advocates that the force majeure should not infringe exempt the responsibility matter. The second part carries on the refinement of the third human' mistake. This article has thought the pollution discharge enterprise only when the pollution is completely caused by the third human'. If the third person and the enterprise both have mistake, they constitute environmental joint torts. Third part introduces the theory of the victim mistake. And this part divides into the victim intentionally, victim's significant error and victim's general error launches the elaboration.Fifth chapter is the theory of civil liability in environmental joint torts, and it is divided into four parts. The first part introduces what laws should the environmental joint torts suit. The second part introduces the main bodies who should undertake the civil liability. The third part elaborates the ways that the main bodies undertake the civil liability when they caused the environmental joint torts. There are compensation to lose and removing harms two ways. The fourth part is the key point of this chapter. This part mainly introduces the joint and several liability that the torters should undertake.The last part is the conclusion, and this part mainly elaborates two questions. First, the author summarizes deficiency of this article. Second, the author introduces and analyzes the theory of the environmental joint torts, and hopes to provide some value orientations and the entity rules for us.