Environmental Tort Binary Imputation System

With improving of environmental consciousness, more countries over the world attach importance to environmental problems, many countries take environmental right as a new and basic right to protect. Invading sb.'s right must cause tort, and tort must case a problem of liability fixation. So after giving a brief introduction about environmental right and environmental tort, this dissertation focuses on the system of liability fixation. Through analyzing the meanings of fault liability and strict liability of environmental tort, it is conclude that fault and strict liabilities of environmental tort are supported by dualistic conception system which consists of fault and no-fault conceptions. The dualistic system of liability fixation in environmental tort which widely adopted by various countries has its necessity and rationality. So it also is a reasonable choice of system of liability fixation in Chinese environmental tort. This dissertation also analyzes the system of liability fixation in environmental of our country, by analyzing related clauses in General Principle of the Civil Law and the other special legislation, it is conclude that the system of liability fixation in environmental of our country is also a dualistic system of liability fixation which consists of fault liability and strict liability. But still a lot of defects need to be perfect. So at last of this dissertation, by learning from the other countries' related theory and legislation, writer provides legislative advice and suggestion regarding perfection of dualistic system of liability fixation in environmental tort of our country.