The Consideration And Reconstuction For The Imputative Principle Of Enviromental Torts

This thesis starts from the analysis of the relevant basic concepts, in which I divide the imputative principle of environmental torts into two parts-subjective imputative principle and objective imputative principle. And, through the historical analysis, I unveil the real history of the structure for imputative principle of environmental torts-dual structure of subjective imputative principle and objective imputative principle, and correct the idea of unitary imputative principle in academe. On the basis of historical analysis, I consider the present legislation and judicature in our country, and find that it is also the dual structure in imputative principle of environmental torts. For this coincidence of history and present, I use the philosophical tool to dig the root. Finally, I find that the structure for imputative principle of environmental torts is eternal dual structure. In the end, guided by the idea of dual structure, I take the economic tool to analyze the boundary of the two imputative principles. Through the work, I have the concrete idea of the scope for the two principles, and depend on this, putting forward the related lawmaking suggestion.