A Study On The Undertaking And Implementation Mechanism Of Multiple Persons’Environmental Pollution Tort Liability

There have been more and more environmental tort disputes caused by environmental pollution in recent years, and there have been some new changes in the environmental pollution cases in term of pollution model, scale, frequency and the lasting time. Multiple persons’ environmental pollution tort is a kind of infringement case which occurs frequently but difficult to solve. There have not been a certain concept of multiple persons’environmental pollution tort and it is also in a state of debate that how to undertake the responsibility and how to improve the implementation mechanismIt is the main point of this essay that multiple persons’environmental pollution tort is a special kind of infringement act, which is different from general environment tort in term of its behavior and the characteristic of responsibility constitution. The analysis in categories of multiple persons’ environmental pollution tort is the premise for the liability sharing. Based on whether the infringers are conscious or not when they commit a tort, the multiple persons’environment pollution tort can be divided into four types:the conscious contact type, the aiding and abetting type, the unconscious type and the joint dangerous type. Under the system of joint liability and sharing liability, there are many differences for different type of multiple persons’environmental pollution tort in terms of ways for responsibility sharing, criterions of liability, the causality, the exemption from liability and the burden of proof.In principle, the conscious contact type of multiple persons’ environmental pollution tort must undertake the external joint liability and the internal responsibility based on the fault extent. The unconscious contact type, under specific circumstance, must undertake joint liability or sharing liability separately or average liability. The joint dangerous type must undertake the external joint liability and the internal average liability, and the type of aiding and abetting undertake joint liability in principle.At present, the system of multiple persons’environmental pollution tort in our country has been basically formed. But there are still some problems, such as the deficiency of causality presumption principle, the deficiency of compensation responsibility pattern of multiple persons’ environmental pollution tort damage and the unreasonable principles of indemnity, and so on. Of course, all of these problems can be solved by perfecting the legal rules of multiple persons’environmental pollution tort liability and improving the methods of undertaking and sharing liability.