Common Tort Liability For Environmental Pollution Studies

With the development of industrialization and urbanization,people let out all kinds of poisonous and deleterious substance unceasingly to the environment when pursing the economic benefit,especially environmental pollution and ecosystem ruin which are caused by environmental pollution common tort behavior have become important problems and gradually serious,resulting in the people's personal and property loss.Because the environmental pollution common tort has certain particularity,the theory of traditional common tort behavior can not meet its need.For protecting lawful interests of victims,we should analyze theoretically on environmental pollution common tort behavior base on the theory of traditional common tort behavior.At present,the theories on environmental pollution common tort civil liability have already discussed,but studies are not proficient and overall,and there are shortage on related research achievement,so theory and legislative practice on that are perfective and improvement more.There are four chapters in this article.Firstly,this thesis points out the concept and characteristic of environmental pollution common tort as well as the concept and characteristic of liability of environmental pollution common tort by the analysis of concept of the environmental pollution tort in chapter one.Then in chapter two,this article points out the liability of environmental pollution common tort should insist on principle of liability without fault.And the liability of environmental pollution common tort can establish unless it must have five aspects constitutive elements.In order to alleviate the burden of proof of victims,presumption of causal relation theory has been used on environmental pollution tort,and develops the causal relation of probabilism,the causal relation of epidemiology etc.The third chapter first proposes that the bearing liability of environmental pollution common tort mainly includes the compensation to lose and the removal of harm two major types,and removal of harm includes injunction, removal of obstacles and removing danger three concrete ways.Then point out the liability person of environmental pollution common tort behavior divides into exterior liability and internal liability.The person should undertake the joint liability outward,and the joint tortfeasor should in accordance with the extent of the main reasons inward,and give attention to two or morethings on the principle of benefit scale to determine the damage to the internal shared liability.The fourth chapter analyzed the lack of existence of environmental pollution common tore legislation,and proposed corresponding suggestions:1.The existing law is lack of provision of environmental pollution common tort liability,and should make the stipulation alone in the civil code.2.The current law designates "illegal" as the constitutive element of environmental pollution common tort liability,and should delete the article 124 of "General Principles of the Civil Law",namely "violation of state provisions for environmental protection and the prevention of pollution".3.The current law is lack of concrete provision of the presumption of causal relation,and should rule definitely in the form of legislation and prejudication.4.The existing law rule vaguely on "intercommunity" of common tort liability,and should bring several person of environmental pollution tort of without the means to contact into environmental pollution common tort liability.5.The existing law is too simple to provide the exclusion violate,and should add "the parts of exclusion violate","the middle of exclusion violate" as well as the replaceable compensation system.6.The shared mechanism of harm of environmental pollution common tort is not perfect,and should implement the liability insurance system and the compensation fund system of enterprise pollution of environment.