Environmental Tort Research

In environmental tort liability system,the doctrine of liability fixation refers to that according to what principle and rule the tort-feasor shall be asked to bear legal liability when environmental damage and environmental torts have been caused by his/her conduct. To this extend,the doctrine of liability fixation is the key to find a reasonable way of distributing duties on restoration of damage.It links environmental torts to environmental tort liabilities.Metaphysically speaking,it shows the value judgment of domestic law.It seems that topics such as environmental torts and environmental tort liability are not really new ones.In our country,there are abundant academic works studying on the doctrine of liability fixation in environmental torts,many of which involve arguments of whether no-fault liability shall be used as the basic principle of environmental tort liability confirmation.In the international society,regional areas such European Union and countries such as Germany,Japan,the United States of American and so on all have their own experiences on environmental remediation.However,since the specific problems of environmental torts and damages are always new with the development of science, technology,industry,and agriculture,it is therefore always necessary to research on issues of the doctrine of liability fixation in environmental torts.This article begins with analysis on the problems we have met in our domestic law both in theory research and judicial practice when applying no-fault liability to environmental tort affairs,suggests that although there seems no-fault liability has in general owned common consensus,its connotations and extensions are in fact very much different or even inner-conflicted in various points of views.Therefore,this thesis further discusses on research approaches and explanation methods of investigating the doctrine of liability fixation in environmental torts.In order to study on the doctrine of liability fixation in environmental torts reasonably and objectively,in the second part,this article works on seeking of the value basis and function characteristics of environmental law and environmental liability.In this part,the paper compares the environmental ethical idea of ecology-centralism with ethical idea of human-centralism,examines their inter-reactions,and proposes that depending on what values the doctrine of liability fixation in environmental torts shall be established.The third part of the paper discusses on environmental tortius act and environmental tort liability,re-defines their specific concepts,connotations,extensions,constitutive requirements,and their alienations.In the fourth part,the article makes an observation of some practical theories of environmental liability through using comparative law methods.It analyzes intensively on the EU Directive on Environmental Liability with Regard to the Prevention and Remedying of Environmental Damage,the German Environmental Liability Act,the Basic Environmental Law of Japan,and the Comprehensive Environmental Response, Compensation,and Liability Act of the United States.Basing on the theory structure that has been set forth in the former parts of this thesis,the fifth part criticizes opinions of taking no-fault liability as fundamental doctrine of liability fixation in environmental torts,argues that it is more reasonable to apply strict liability as the basic doctrine of liability fixation to environmental tort issues.Moreover,the paper makes a systematic research into strict liability and fault liability,holds that it is important and irrational to evade studies on fault liability in environmental tort law;on the contrary, to take an intensive research into theories of fault liability may help building a better environmental remediation structure.