Study On Illegal Essential Condition Of Environmental Legal Responsibility

The illegal essential condition of Environmental legal responsibility which having instructional meaning to environmental pollution case is a significant topic in the fundamental research of environmental law. Which is to be chosen between the people's economic losses and economic development is a very important issue.The illegal action is the essential condition in environmental legal responsibility. For the environmental civil legal responsibility, this article examines the concept of wrongfulness/illegal action in the case of environmental pollution in a comparative perspective. Two theories on the wrongfulness/illegal action have been developed: the outward wrongfulness/illegal action theory and the virtual wrongfulness/illegal action theory. Under the outward wrongfulness/illegal action theory, a tort liability shall be imposed provided that the plaintiff suffered serious loss due to the act. It argue that the actor's act is wrongfulness since it incurs serious loss on the plaintiff. Under the virtual wrongfulness/illegal action theory, when deciding the wrongfulness issue, the court has to take into account the fact that the defendant's activities might be good and beneficial to the society as a whole. The loss of the plaintiff should not be the only consideration. The article argues that the court should consider both the loss of the plaintiff and the utility of defendant's activities in order to make a sound decision on the wrongfulness/illegal action of nuisance. In environmental administrative legal responsibility and environmental criminal legal responsibility, if the actor's act breaks the environmental law and statute, the act is illegal and the actor should assume responsibility for it. The wrongfulness of environmental administrative legal responsibility is the prior condition of environmental crime, and environmental administrative legal responsibility has special double wrongfulness/illegal system.