Research On Exemption Reasons For Environmental Tortious Liability

Exemption Reason of environment tort is the content for polluters who can bereduced or exempted from liability while environment tort occurs. In theenvironmental tort litigation, polluters as defendant are against environment tortvictims through Exemption Reason system, to make up for the design defect ofnon-fault liability system, to protect parties involved fair and free value realization.This article tries to clear the allocation of environment tort liability in further throughExemption Reason of environment tort research, which is beneficial to balance theinterests of the parties, realizes justice Legal value, resolves social contradictions, andpromotes the construction of the harmonious social order. This article starts from theour national environment tort legislation. Our country tort liability law adopts thelegislative way of the general conditions and typification combination, resulting inapplicable problems in provisions of general terms and the special infringement type.Especially after our country tort liability law coming on stage, although in chapter3tort liability law provides definedly the situation that the infringer are reduced lessresponsibility for the fault, and the victim intentionally or the third person’s fault,force majeure, justifiable defence and emergency. Under the five kinds of situations,the infringer does not bear the responsibility. However, in chapter8environment tortfield, pollution liability only explicitly exclude the third party fault as environmentpollution tort Exemption Reason. But it doesn’t indicate clearly that whether applythe third chapter or not. And tort liability Exemption Reason also includeperformance of duties according to law, buffet, victim consent and accidents, whichare in absent of provisions in tort liability law. These also can be used as ExemptionReason of environment tort. The provisions of environment tort Exemption Reason intort law are inconsistent with our other national environment laws, and how to applybetween them. So in this context, discussing and researching Exemption Reason inthe provisions of tort liability law in chapter3whether will apply to environment tortfield in chapter8or not, and environment tort Exemption Reason in provisions of tort liability law take the important role in conflict and application in other environmentallaws and regulations. Through basic analysis on the Exemption Reason ofenvironment tort, the key is that the victim consent, the victim with intention andforce majeure are environment tort Exemption Reason, and duties performance,self-defense, emergency, buffet, the third party’s fault, and accidents can’t be involtedin environment tort Exemption Reason. Furthermore, for the need of actual use, thevictim can use provisions of self-defense, emergency referred in chapter3as rightsdependence. In addition, the legislation of our country environmental tort ExemptionReason is necessary to be in further unity and perfect.