Environmental Pollution Against Exclude Civil Liability Study

Environmental Law and Civil Law's communication and cooperation is very necessary to protect environment and environmental rights and interests,and improve Environmental Law and Civil Law's mutual developments. On the base of the above,this dissertation makes a research on the injunction of environmental pollution (thereinafter called Injunction).Environmental pollution infringement is a kind of behavior or phenomenon,in which the polluter pollutes the environment,then infringes environmental rights and interests,and related property and personality rights. It is t difficult to calculate the environmental damage,and 'the damage to environment and human's life and health can not be weighed by economical value. So damage liability is not enough to protect environment and environmental rights and interests. On the contrary,Injunction with precautionary function does not have such problem,which is the really effective way to protect environment and related rights and interests.Injunction is a legal result which should be borne by polluters,because they pollutes environment,then infringes environmental right and related property right and personality right. The essence of Injunction is environmental rights' infringement and its remedy. Environmental right is the premise and basis of environmental infringement civil liability,at the same time the latter is the former's feasible safeguard.Substantive law about Injunction comprises its reason,object and ways of elimination and so on. The reason of Injunction is the real or possible infringement to environmental rights and interests and related real right,personality right;Its object is the infringement action;its ways of elimination is cessation of infringements,removal of obstacles,elimination of dangers,part elimination,middle elimination,damages in luie of Injunction etc. Procedural law about Injunction consists of standing to sue> burden of proof limitation of action and advance execution. Following the above,the dissertation further elaborates general contents about environmental pollution tort liability,then the special liability contents about infringement to real right,personality right and other environmental rights and interests. Because Injunction is mainly a special tort liability,of which constitutive requirements only include illegal behavior and the necessity and possibility elimination of environmental pollution infringement. Right of the real elimination claim is the character of real right. Because of personality right's absoluteness,when it is infringed,you can propose not only tort elimination claim but also personality right elimination claim,which is like the right of the real claim. Infringement to environment right consists of the infringement to peace right,clean air right,clean water right,view right and so on. The remedy of such environmental right and interest is on the base of tort.In the end,the dissertation analyses our country's substantive law provisions and its existing problems related to Injunction from environmental pollution tort liability % special liability contents of infringement to real right,personality right and other environmental right and interest;then analyses our country's procedural law provisions and its existing problems related to Injunction from standing to sue,advance execution and ways to remedy. On the base of above,the dissertation puts forward corresponding countermeasures.