On The Perfection Of The Responsibility Provisions Of Several People 's Environmental Pollution In China

With the emergence of industrial parks, multiple persons’ environmental pollution tort has occurred at times. Currently, there has not been a certain concept of multiple persons’ environmental pollution tort. Multiple persons’ environmental pollution tort is a kind of environmental tort, and it is also a kind of multiple persons’ tort. The definition of multiple persons’ environmental pollution tort should be on the basis of the theories of environmental tort and multiple persons’ tort. Multiple persons’ environmental pollution tort can be divided into multiple persons’ environmental pollution tort with fault liaison and multiple persons’ environmental pollution tort without fault liaison. Multiple persons’ environmental pollution tort without fault liaison can be divided into environmental collected damage behavior, environmental accumulated damage behavior and common dangerous behavior of environment pollution, according to causality between the behavior and result. Multiple persons’ environmental pollution tort liability is a civil liability for the polluters, and it applies the principle of liability without fault. Article 67 of the Tort Law is the first legislation about the liability of multiple persons’ environmental pollution tort liability in our country. But the representation of this legislation is not clear, so there are different understandings of this legislation. In fact, Article 67 of the Tort Liability Law applies to all types of multiple persons’ environmental pollution tort. In addition, it stipulates only the rule of liability distribution within the polluters, not the rule of liability accountability between the polluters and the victims. To optimize the provision of multiple persons’ environmental pollution tort liability in our country, the law should stipulate the rule of liability accountability between the polluters and the victims, and optimize the rule of liability distribution within the polluters. Multiple persons’ environmental pollution tort with fault liaison, environmental collected damage behavior and common dangerous behavior of environment pollution should apply joint liability. Environmental accumulated damage behavior should apply sharing liability. The rule of liability distribution within the polluters should apply proportional division rule and average division rule.In addition to the introduction and conclusion of this article, the total article is divided into three parts. In the first part, the definition of multiple persons’ environmental pollution tort should be on the basis of the theories of environmental tort and multiple persons’ tort, and it is necessary to classify the multiple persons’ environmental pollution tort liability, and analyses criterions of liability of it. In the second part, we should analyses the different understandings of Article 67 of the Tort Law, in order to make a correct understanding of this legislation. In the third part, in order to optimize the provision of multiple persons’ environmental pollution tort liability in our country, it is necessary to stipulate the rule of liability accountability between the polluters and the victims, and optimize the rule of liability distribution within the polluters.