Research On Joint Dangerous Activity In Environmental Tort

In modern society, environmental issues have become increasingly prominent,how to solve the environmental problem has become one of all kinds of importantresearch directions, including the recently new environmental law. With thedevelopment of technology and modern industry, there has been an increasinglycomplex joint torts of environment. Compared to the traditional joint tort,environmental joint tort has certain particularity. Moreover, joint dangerous activityin environmental tort is a special case in the environmental joint tort. Based on itsown many specificity, and in order to protect the legitimate rights and interests ofvictims, ensure the fairness and impartiality of the trial. The theoretical analysis ofjoint dangerous activity in environmental tort needs combine the traditional theoryof joint dangerous act and characteristics of environmental tort.The dissertation comprises introduction, body and conclusion parts.Introduction part presents the background of environmental tort, the developmentof traditional joint dangerous activity system, as well as, the significance of jointdangerous activity in environmental tort. In the body part. Chapter one generalizesthe conception and characteristics of joint dangerous act in environmental tort,starting with commonality, basic types and features of common environment tort.Chapter two provides details on constituent elements of joint dangerous liabilities inenvironmental tort. The subject element includes actor which must be plural andhave responsibility ability, non-individual tort without idea connection among actors,difficult to determine the specific offender. The action element covers the risk andcommonality of activities. The damage fact element analyzes four main ways:property damage, personal injury, spiritual damage and environmental damage. Tosome extent, the development of the probability that, epidemiological causality theory, indirect rebuttal said and so on provides a better legal basis for undertakingresponsibility of complex, highly technical environmental joint dangerous labilities.There is no denying that those lighten the burden of proof for the victims, butcausality presumption that is more scientific and reasonable. Chapter three startswith the imputation principles of joint dangerous act, and concludes thatenvironmental joint dangerous activity should take No-fault liability. Besides, theaccountability of environmental joint dangerous labilities should follow the internalaverage allocation, external jointly and severally liable. That approach is beneficialto safeguarding the lawful rights and interests of the victims, but also balancing thedistribution of benefits among actors. In order to provide ideas and reference forthe research of joint dangerous lability in environmental tort, conclusion part putsforward some improving suggestions of system of joint dangerous activity inenvironmental tort from external and internal aspects.