Study On The Third Party Liability In Environmental Tort

As a global problem, Environment has been received more and more attention. Alsoin our country, for the environment getting worse with the economy develop more andmore people aware that environment protection is closely related to the harmonioussociety. Since2012China began to implement《the environmental air quality standard(revised)》, the national new standard—PM2.5，adopted to testing environment in multipleplaces across the country. Although this is the very first try for China’s environmentalprotection, but it can be expected that with people environmental protection consciousnessenhancement, environment issue must be effectively improved. China’s environmentalproblems have been become increasingly serious day by day, environment pollution forthe third party sometime happens, but it deserve more attention. The research on this fieldin our country seems to not enough. If through the research of the third person liability,makes more scholar get some interest and finally, contribute to more detailed about thethird person liability law would be the author’s sincerely hope. This article from theconcept of a third person, analysis the influence of the third person effect on environmentalpollution tort liability, whether the third party’ fault can become ground of environmentaltort relief. Thus, introduces safety obligation theory into environment tort, by the researchof polluters assume environmental security obligations to discusses the third party’ faultunder the polluter liability approach. Finally, through a case study on “shengli oilfieldhappened in2006”to introduces the components of the environment pollution tort liability.By distinguishing the principle of no-fault liability and the fault liability principle toanalyzed the components of the environment pollution tort liability and the components ofthe third person responsibility. We know that third part fault can be used as the rules ofexemptions. Just for violations of environmental security obligations, so the polluters haveto assume the part of the responsibility that he caused. The size of polluter’ responsibilityshould be determined by his obligations. And the third person liability should meet thecomponents of the general tort liability. Based on the fault caused by the third person andthe damage it caused, we can confirm the level of the third party.