Study On Civil Liability Of Environmental Joint Tort

Along with the drastic development of the market economy and rapid expansion of modern industry, environmental pollution and ecological destruction are deteriorating. And among the damages caused by environmental pollution, those caused by environmental joint tort liability are the most projecting ones. The environmental joint tort liability is a kind of liability in which two or more infringers have jointly polluted or impaired the environment, thereby doing damage to other people's rights and interests, proprietary rights and environmental rights. Liable parties are multiple, the damages cannot be set apart and the torts are connected in an environmental joint tort liability, so an environmental joint tort involves complex tortfeasors and may exert a tremendous influence on the personal benefit and public interests. Therefore, it is significant to build the system of environmental joint tort liability. How the environmental victims could safeguard the legal rights through legislative means and has become a reality problem that cannot be neglected for the legal researchers. How does environmental joint tort liability compose and how to set apart the environmental joint tort liability? These are all important subjects we are facing. Our existing laws and regulations of environmental joint tort liability are not perfect. There aren't clear rules about the doctrines of liability fixation of environmental joint tort liability and the causality identifications in the actual civil law, so the same judge may make different adjudications and this makes it impossible to carry out prompt and reasonably relief to the victims. Therefore it is significant to probe deeply into the issues such as the essence and liability of environmental joint torts in tune with the characteristics of environmental law.The essay, which is composed of four parts, probes systematically into several main aspects of environmental joint tort liability.The first Chapter defines environmental joint torts and describes its peculiarities by comparing with general environmental tort liability and joint tort. Starting from analyzing the characteristics of the current researches on the essence of joint tort liability and practices of the countries, combining with the specific patterns of current legislative policies and environmental laws, this Chapter proposes that objective common approach is the best choice for defining the essence of environmental joint tort liability.The second Chapter introduces the principles for assignment of liability. This chapter first summarizes and states the concept and the status of the principles for assignment of liability. Then by making use of the method of comparative analysis, the principles for assignment of liability utilized in countries of continental law system and English and American law system are discussed for reference. And at last Chapter Two proposes that in our country we shall utilize Principle of Liability without Fault with Imputation Principle of Fairness as a supplement.The third Chapter introduces the constituent elements of environmental joint tort liability. By referring to traditional theories of constituent elements and combing with the characteristics of environmental joint tort liability, this Chapter first proposes and discusses separately three constituent elements of common tort act, same damage, general result and cause relationship. Then this chapter analyzes the liability of joint tort actor under the circumstances of force majeure, fault of the third party, fault of the victim from the angle of defense of civil liability of environmental joint torts.The fourth Chapter analyses the system of responsibility of environmental joint tort liability. This chapter first discusses the division and manner of responsibility undertaking. Then by making use of the method of comparative analysis, the practice experience of socialization of civil liability of environmental joint tort of the other countries are discussed for reference. Finally, based on the reality of our country, the paper proposes the proposition of the system of socialization of civil liability of environmental joint tort.