The Application Of Dangerous Responsibility In Environmental Infringement

Dangerous responsibility is a liability of tort type, and has been recognized by mostcountries in the world. In the traditional law of tort, fault liability is on the actor’ssubjective "fault"; the fair liability is based on "fair"; no-fault liability neither without faultcore category, nor have the extensive applicability; as the imputation principle， strictliability is lack of strict logic, and its scope of application has duplication with otherimputation principle of environmental tort coincide; with new forms of tort liability haveconsistently emerged, making dangerous liability as tort law imputation principle can fillup the blank of law, helping system of legal rules to be further integrated.Environmental tort can be divided against the two major types of production andliving environmental infringement. For the reason of complexity of environmental tortsubject\reason\process and the complexity of the object, ruled out the use of traditionaltort liability. Danger responsibility principle for its judgment standard is simple andpractical, applicable range widely in showing itself in the applicable law.There are several reasonable explanations for the dangerous responsibility principlein the field of environmental tort.Such as the doctrine of equitable responsibility, rewardresponsibility,’risk-sharing’ responsibility and so on.While the dangerous doctrine makesthe presence of “dangerous” as the core purpose, to coincide with the dangerousresponsibility principle. Germany, Japan, the United States, Britain, France and othercountries have the relevant provisions of the dangerous responsibility regime. Most ofthem make special legislation and expending the judicial practice in the legislative modeto implement the dangerous responsibility system. They extend it to the field of nuclearenergy, atomic energy, transportation, electrical, road traffic in the content.The dangerous responsibility is one of the tort type in our legislation, and it has thenarrow scope of application in the field of environmental tort. As while, in the judicialpractice, due to the lack of applying priority and uniqueness, the lower compensation, thedangerous responsibility leads to embarrassing of the "blank file".On the choice of the legislative mode, we can employ the combination of the General Terms and the list of the dangerous state; assign it to the core of the tort law imputationprinciple system. At the same time, we can use the force insurance or industry insurance tosupporting the design; improve the development of the dangerous responsibility regimes.