On The Legitimate Polluter Pay's Together Principle

Legitimate polluters pay together principle ( polluters pay together principle) has not appeared in our country, thus in actually it is lack for special dissertation. Through the preliminary introduction about the origin of the pay together principle, explained this principle gradually obtained people's approval and recognition. Then on the foundation of profits from the domestic and foreign related theories and concept, summarizes the concept and the characteristic of the pay together principle through my own abstraction to define the implication of the principle: On the premise that the pollution under the standard, admeasure the responsibility possibly appears in the future in those related polluter, according to the amount of contamination, so that the risk and burden can be shared by all the legitimate polluters, can relieve victims in due course and rational method.Seek the related theory basis through introducing the right in constitution——the environmental right; Demonstrating the legitimate polluters should taketheir responsibility through applying the newest theory of related civil liability principle. The phenomenon of "the market to malfunction" that caused by "the exterior theory" requests us to solve "the inefficiency of exterior ", and the rationality or the limited rational thought of the supposition "economic man" requests collective burden principle to provide help of the benefiting maximization and reducing risk smallest, also, "the game theory" and "Pareto Optimality" request environmental protection social welfare maximization etc. When the environment danger appears and in order to seek the biggest benefit for the majority and simultaneously or society' s benefit, the interpersonal ethics requests us to undertake the responsibility of almsgiving the victims with the "awe life" sense. The commercial ethics morals request us not to deceive ourselves and other people, and must give attention to the economy and the environment benefit with the long plan. Before the environment question appearing, we must positively facing it and make the responsibility socialization in a certain degree to realize benefit of economic, environment and society. Technical environment ethics requests us to establish one kind of theory principle to instruct the system, then, we reduce the environment harm to its lowest which represent this theory. Legitimate polluters pay together principle is just based on these environment ethics and manifesting its rationality in the environment theory. Main to introduce the economic-induct function of this principle in the aspect of promoting the related producer turn to the low pollution, the green production, the generation and development of industry in environmental technology and facility, and the development of social security which benefit to environment. Simultaneously has also promulgated it from the sociality to the environment burden risk disperser, the socialized function.From the reality of our country environmental protection, the socialization of environment risk, the development of technical request, I proposed the necessity to establish the pay together principle in our country, and proposed some tentative plans for establishing this principle from the soft environment construction in our country. Based on our country' s reality and the overseas-related experience, attempting to design the establishment of the pay together principle in the law of our country. Namely: First establishes this principle in the policy and the law, next constructs concrete principle and system, establish the corresponding necessary system, finally creating the related social condition. I hope this article is useful to development of our country' s environmental protection enterprise and the environmental law.