Concerning The Environmental Pollution Liability

Environment problems caused by environment pollution and destruction are became more and more seriously , and even become a prominent factor to affect the development of social and economic and also the social stability and harmonious.How to solve the environmental tort disputes caused by environmental problems reasonably and effectively ,especially the damages in environment tort .It has been the key problem for researching in the field of environment tort. The People's Republic of China of tort liability law is passed on December 16 ,2009.The chapter 8 "environmental pollution liability", in the form of single chapters ,has some detailed rules of environmental tort.The provisions of the legislation have important practical significance to perfect the law for solving the environmental tort disputes in our country.This text is from the provisions of the four articles, article 65 to article 68 of chapter 8 in tort liability law,and then discusses the related issues about environmental pollution liability . On the basis of the understanding about the legislation survey of environmental pollution liability in some foreign countries as well as our country, the text is to interpret the content of the provisions and to compare and analysis it with the relevant provisions of foreign countries.,according to the provisions of the environmental pollution liability in tort liability law , including four aspects of imputation principle, the burden of proof, the joint pollution behavior and third party's fault.And then we can find that the provisions of environmental pollution liability in China have great significance progress.The four provisions about environmental pollution liability in the tort liability law absorbs some advanced and reasonable institutions and rules in environment law and the judicial practice. And the design of these institutions and rules are accord with and adapt to the solution of the environment pollution dispute.For example it makes it clearly that in the pollution tort the no-fault liability doesn't need the constituent of illegal anymore. And for the first time it clearly defines the inverted rule of the burden of causal relationship on the legislation,so the rule has the universal applicable effectiveness, etc .At the same time,we can also find that these rules are not perfect.Such as,the presumption rule of causal relationship and the exemption from liability in environmental pollution liability are not provided. Through discussing and analysing the four aspects of environment pollution liability,the text puts forward the viewpoint in the epilogue.However, in order to put the provisions into effect and to guarantee the legitimate rights and interests of victims, in the process of applying its provisions it still need to establish supporting institution,such as environmental public interest litigation and environmental pollution liability insurance system .Let it solve the environment pollution disputes reasonably and effective with the provisions of the tort liability law and make the victims of the environment pollution and destruction are relieved promptly and effective .