Research On The Legal Issue Of Environment Tort Liability Of Contract Environmental Services

The concept of contract environmental services was put forward for the first time in China in2011"The12th Five-Year Plan of the environmental services ". It is currently the most novel and advanced environmental service industry pattern, it is beneficial to reduce the environmental pressure of government, improve environmental protection enthusiasm of enterprises, promote the coordinated development of economic, social and ecological environment, it will develop very well in the future.When the environmental pollution accident caused by environmental infringement happen in the mode of contract environmental services in practice,how to bear the liability is the problem to be studied. In this mode environmental tort is usually caused by comprehensive environmental services or the third party instead of sewage enterprises, it has obvious difference from the traditional environmental tort caused by sewage enterprises, which is related to the tort liability, but also relates to the responsibility of breach of contract, but also the existence of administrative responsibility.And the causes of tort in the mode are variety, respectively according to the different reasons of the corresponding legal responsibility, which makes the division of responsibility is more complex, but at the same time, the study has a very important practical significance. The reasonable division of responsibilities is conducive to the protection of the legitimate rights and interests of victims, and promote the development of enterprises. The division of responsibility should adhere to the two element system of liability fixation doctrine of no-fault liability and equitable liability principle.Irresistible force, the intentional act of the victim and victim gross negligence are the exemptions of contract environmental services. Usually the environmental tort damages amount is huge, if the occurrence of environmental tort responsibility simply rely on the enterprise, is not conducive to the legitimate rights and interests of victims get effective guarantee, is not conducive to the development of enterprises, so we should build perfect way to bear tort liability. Society of environmental liability, such as insurance, government environmental funds and other means of relief is an effective way.