On The Private Law Of Transboundary Damage Liability System

The rapid development of science and technology has continuously expanded the breadth and depth of human being's influence on nature, from which increasingly serious environment problems have been emerging along with the great benefit. Since the 1960s'the international community has been making effort to reach relevant agreements and in the internal legal system the environment infringement liability has also been set up step by step in each state. In the past, the Law Commission used to follow the route of state responsibility to think about the trans-boundary damage, but there exists much trouble in the legal and practical level. Thus recently the trend of privatization in this field has been becoming stronger. In order to provide theoretical support for this new trend, to make research into her essence is of necessity. This article endeavors to find out some connection between the private law and the whole system of trans-boundary damage liability including the system itself, the imputation principle, the general elements, the liability subject and the mode of liability undertaking by the way of analogy and case analysis, so as to adopt more reasonable spirit from the private law to benefit the environment protection in the future.This article comprises three chapters apart from the introduction and conclusion. The first chapter focuses on the trans-boundary damage liability and its private influence. First, it analyses the concept about trans-boundary damage and trans-boundary damage liability, and classifies the liability into three parts based on the international legislation and disputes resolution from the angle of liability subject. Secondly, from the principle and regulation aspects, it finds out that Principle of Prohibition of Civil Right Abuse, Principle of Fairness and the Neighboring Relations have great impact on the system.The second chapter focuses on the imputation principle, the general elements and their corresponding private influence. Firstly it concludes the imputation principle is Strict Liability, and finds its connection with the natural law, the imputation of tort law and Roman Laws. Later it mainly analyses the general elements of State Liability for private subject's behavior and the impact of Principle of Fairness and the Theory of Civil Tort Law on it. The third chapter focuses on the liability undertaking and its private influence. First, the article discusses how Employer Liability and Guardianship influence the whole liability of State and how Principle of Fairness works on the supplementary liability of State. Secondly, it analyses the mode of damage undertaking and relies on Employer Liability and Unjust Enrichment to search for the private basement for managing person and beneficiary, and finds the corresponding mode in the civil system.