Reflect And Research On Principle Of Imputation For Environmental Tort

With the rapid economic development in China, the environment problems become more and more severe, leading to an increasing number of environmental infringement disputes. In the field of infringement laws, imputation principles play the core role. Different imputation principles determine accordingly the constitutive requirements, exemptions and the evidential burden of the infringement act, Therefore, the study on the imputation principle of environmental infringement act provides the basis. Since China’s "general principles of the civil law", our Country has issued a series of laws and regulations about environmental problems. But exists many contradictions and conflicts among different laws, Academia is quite controversial, There are also applicable law confusion in practice.This article is based on the pollution in the environment, Scientific classification of pollution, And with reference to foreign relevant theories, make Different pollution types for different imputation principle, And put forward reasonable Suggestions to revise the current laws and regulations in many of the deficiencies and defects, In order to realize the coordinated unification between law, Make the judicial organ the application of law in the judicial practice. Specifically, this paper intends to solve the key question is:The first, Distinguish between "environmental pollution" concrete type; The second, By analyzing the relevant theories at home and abroad, And combined with the latest research of scholars in China, Points out that the current legislative provisions about the environmental tort imputation principle in the existing problems; thirdly, Suggestions to consummate the related legislation suggestion.The research methods of this article is as follows:Through the historical analysis method, From the environment pollution tort imputation principle is put forward in the history of the development and change their views; Through the comparative analysis method, For major foreign countries about the provisions of the environmental pollution tort imputation principle were studied; Through the literature analysis method, Refer to relevant literature, the environment pollution tort imputation principles have a deeper understanding; Through the empirical analysis, Study the relevant laws in our country, And give some advices to perfect the law. The content of this article is divided into six parts:The first part is problem is put forward. Points out that the environmental tort imputation principle in the field of legislation in our country, the academic field and judicial field three level of controversyThe second part is to analyze the pollution of the environment infringement related concepts. First defined the connotation of environmental tort, Secondly summarizes the characteristic of environmental tort.The second part summarizes the imputation principles of environmental tort and its historical change.First is to define the tort imputation principle in the abstract concept, Secondly, discusses the environment pollution tort imputation principle theory of historical change.The third part summarizes the foreign legislation present situation of environmental pollution tort imputation principle. The concrete research of the civil law countries tort imputation principle of environmental pollution and the Common law countries environmental pollution tort imputation principle.The fourth part is reflecting on principle of imputation for environmental tort.Points out the problems that our country environment tort imputation principle.The fifth part is researching on principle of imputation for environmental tort.