An Analysis On The Nie Et.al Sue Wukuang, Liukuang And General Hospital Cases

In the environment infringement cases, it is necessary to discuss how to bear severalliabilities for damages. First of all, one of the focuses of controversy on this case is thetortuous liability between the defendant, which applies to several liability or joint liability.About accidental joint torts, article11, article12and article67of the Tort Liability Law allhas provisions. Among these articles, article67belongs to the special terms, which is specialprovisions of article11and article12. Three defendants of this case as the environmentalaccidental joint tort should be governed by the article67of Tort Liability Law. According tothe types, discharges of pollutants emissions, the polluters should bear the several liability,rather than the general terms of the agreement like article11and article12. Secondly, theenvironmental tort belongs to special tort. In order to protect the lawful environmental rightsof citizens, the components of the environmental tort only including three parts: theinfringement behavior, damage consequence, and casual relationship. The illegality is notincluded. Stop the infringement responsibility for this case, it is obviously inappropriate thatthe court on the basis of “illegality” the defendant without having to stop the infringementresponsibility. At the same time, in stop the infringement responsibility respect, we need tofollow the principle of benefit measure to maximize the benefit of society,economy etc.Finally, from the prospective of infringement, the different character infringement caused bythe different sources of pollution, suits to different rules, principles and applicable laws.About life pollution tort between residents, it shall apply for the Property Law provisions ofthe neighboring relationship. In this case, the pollution caused by worker living sewage,belongs to residents living pollution, which should apply to the Property Law provisions onreal estate neighboring relations and eliminate the application of Tort Liability Act onenvironmental contamination.