Theory Of Several People Share Of Environmental Tort Liability

In the period of industrialization development in our country, the environmental pollution and ecological destruction phenomenon is very serious.Governance of environmental pollution and ecological destruction is a big and long term project, only by law has been unable to complete.But the law in which has a legal adjustment, policy guiding significance, its function is indispensable.Environmental pollution and ecological destruction in the civil law is referred to as "environmental tort".In judicial practice, the more performance for two or more than two environment tort civil subject, the theory called "several people environmental tort".In several people environmental tort system,several environmental tort damages liability share is the most complicated problem.on the one hand,this was partly due to the theoretical logarithmic for the problem of several people environmental tort liability to share is less, less theoretical results accordingly;On the other hand for the several people environment tort liability law of the legal system in our country is not perfect,at present, only "tort liability law" the67th in general provisions of the way.Therefore, both from the theoretical development and from the Angle of practice requires research several people in our country environment tort liability share problem has important theoretical and practical significance.This article from four parts to study the several people environmental tort liability share issues.The first part introduces the general theory of several people environmental tort liability share.First of all, define the concept of several people environmental tort, and combined with a specific attribute of the several people environmental tort, discusses its legal characteristics on civil law significance and environmental law significance.Secondly, this paper introduces the path research of several environment tort responsibility share,Combining with the latest theory of several people tort liability share in the domestic to determine the theoretical framework of the several environmental tort liability share,and the distinction between"risk responsibility" and " ultimate responsibility "as the theoretical basis.Again, mainly introduced the distinction between joint liability and several liability and in several people environmental tort liability form and the essence of the difference applicable.Finally, this paper introduces the related theories of the share determine standards for ultimate responsibility in several people environmental tort liability, and points out the significance to determine the ultimate responsibility for share.The second part mainly introduces some countries and regions abroad about the related theories and judicial practice of several people environment tort responsibility share.Among them, in the civil law countries and regions, mainly introduced Japan, Germany and Taiwan’s related legislative and judicial experience;In common law countries, It’s focus on the United States and Britain of the two countries’the relevant judicial precedents and legal system in several people environmental tort liability.The third part is the legislation research of several people environmental tort liability share in China.Mainly concentrated on the interpretation and evaluation of the67th regulation of our country’s "Tort liability Law",Including the academic circles to the understanding of the article67,and the author’s interpretation of the article67, the evaluation and analysis of legislation reason for article67.Points out that the deficiency of several people environmental tort liability law.The fourth part is put forward specific Suggestions to perfect our several people environmental tort liability.For the proposed on the shortcomings of the present system in our country, on the basis of using the experience of comparative law,Proposed consummates our country several people of environmental tort liability should be expanded joint liability scope, perfecting the ultimate responsibility share certain standards, explore the socialization to pay compensation sharing mechanism of several people environmental tort liability three aspects.