Legal Study On Exemption Excuses Of Environmental Tort Liability

The exemption excuses system of environmental tort liability, which isruled by the laws and regulations, is the combination of objective facts andreasons to avert or mitigate the infringer's civil tort liability in the field ofenvironment infringement. The system plays an irreplaceable role in the fieldof the environmental tort liability and even the whole of environmental tort. Itgreatly affects all parties' responsibility and interests who are involved in thetort, then affected areas, society and the whole country's current productionand daily life. It also influences the quality of our descendants' livingenvironment and ecological environment. This situation is the so-called "onechange makes all change".The environmental tort liability system of China mainly uses the no-faultliability principle. This principle is good at solving the difficulties andchallenges which are produced by new environmental infringements in thecurrent industrial society. And this principle led exemption excuses to adifferent position unlike its role in the system of fault liability. Under thesystem of no-fault liability, as long as the environmental tort occurred, theinfringer should bear corresponding responsibility, unless he can prove effective exemption excuses. Therefore, the exemption excuses ofenvironmental tort liability actually take the role of the constitutiverequirements of the tort liability. It decides whether there is a responsibilityand whether the responsibility should be reduced or canceled.Because of the important role which the exemption excuses play in thesystem of environmental tort liability, the special use with no-fault liability,and the need to meet the value of the whole environment tort liability system,the excuses' value pursuit must be a combination. However, such acombination is not a simple addition, it should conside our country's actualconditions.At present the exemption excuses are still short of consistency andharmony, some parts of it depart from the value, and more contents should beincluded. The interpretation and application of the rules of the exemptionexcuses should be unified. And the contents of the excuses should be modifiedand complemented. We should make all efforts to protect the legitimateinterests of the infringed, and consider the social necessity of the infringement.Let both parties and social public welfare come to an equilibrium position,contribute to the formation of the win-win situation.