Research On Liability Of Environmental Joint Torts

With the deepening of market economy, China’s economic development at the same time, environmental pollution and ecological damage is becoming more and more serious.And liability of environmental joint torts as one of the most serious problems, although research in theory, but still not deep enough.At the same time, in the legislation, although in2009promulgated the "tort liability act", but the method of joint tort provisions on environmental still use the "general principles of civil law", still use contact to determine the environmental joint tort.At the same time,"tort liability act" the relevant laws on environmental joint tort liability of the infringer has provisions are not clear, especially for the sixty-seventh article of the understanding, and the internal logic of the article and related articles, controversial theory.In view of this, this paper starts from the concept and characteristics of environmental tort, points out that the environmental joint tort should apply the objective behavior in common "as its essence.Secondly, through the study of foreign environmental joint tort imputation principle and responsibility allocation, combined with our country’s current legislation, that our country establish objective common behavior that necessity as the essence of environmental joint tort.Thirdly, through the case points out the defects of China’s existing laws, this article proposes own view.Conclusion environmental joint tort should apply to objective common theory of nature, the infringer shall assume joint and several liability undertaking foreign, while the responsibility, on the inside, through the study of the infringer’s subjective malignant, the contribution rate of damage may be appropriate to use the liability exemption.