On Imputation Principle Of Environmental Tort

With the rapid development of Industrial Revolution and the mass production, the environment question presents the diverse and complex tendency day by day, the phenomenon that the people's related rights encounter the environmental pollution behavior violation is also more serious and frequent, people's environmental awareness unceasingly is also strengthening. How to solve the environment right infringement and the corresponding civil liability and the relief measure which created by the environmental pollution and the ecology destruction becomes a big social difficult problem, people already entered a fast development time to its research. But responsibility principles of the environment right infringement is a core question of the environment right infringement relief legal regime, therefore, after the preliminary analysis on the environment right infringement, the article emphatically researches the responsibility system of the environment right infringement. After the deep inquisition the mistake responsibility and the non-mistake responsibility concept meaning, I believe what supports environment right infringement mistake responsibility and the non-mistake responsibility theory concept system is one dual responsibility system which constituted by the mistake and the non-mistake responsibility. It has certain rationality and the necessity that the dual responsibility system of environment right infringement used universally by various countries, and reflects the intrinsic development request of the responsibility principle system of environment right infringement.Simultaneously, the article also analyzes the responsibility system of environment right infringement in our country, through special legislation analysis on the provision in"the General provisions of the civil law"and the related environment right infringement, we know the responsibility system of environment right infringement also is dual responsibility system concluding the mistake responsibility and the non-mistake responsibility in our country. But our country's responsibility system of environment right infringement still has flaws. On the base of analyzing the flaws of one principle and dual principle of responsibility system, I adopt some correlation theories and the legislation from other national, suggest further consummates to the dual responsibility principles system in the end of article, wish to establish a responsibility system which concludes the dual responsibility system primarily, the fair responsibility and the risk responsibility for auxiliary , and put forward the proposals to the necessary system construction related to the responsibility principle of environment right infringement of our country.