The Comparative Research On The Principle Of No-fault Liability For Environmental Damage Between China And Japan

China is currently in the period of rapid economic development,while facing a lot of serious environmental problems.How to solve environmental damage disputes effectively become an important task in the field of environmental law,because a sound environmental damage compensation system is an important way to deal with environmental problems,and the imputation principle of environmental damage civil liability is the core environmental damage system.This paper attempts to improve and perfect environmental damage compensation system by studying the principle of no-fault liability for environmental damage.China has established the principle of no-fault liability for environmental damage in line with international trends.However, the lack of legislation and coordination system leads to the chaos of no-fault liability judicial application.By studing and researching China and Japan’s no-fault environmental liability system,I have found that some unreasonable facts exist in the system of China’s no-fault liability for environmental damage.The first chapter of this paper is based on the theoretical analysis of no-fault liability,the concept of environmental damage reflects the characteristics of environmental law, environmental issues should not only be limited to the damages of civil tort.Chapter2 has discussed the form of negligence and objective negligence in Japan,and then analysed the experiences and lessons learned from Japan’s pollution nuisances.Chapter3 has studied the differences of environmental liability between China and Japan by comparing a lot of aspects,and then pointed out the prombles of China’s environmental no-fault liability system.Chapter4 has put forward a sound idea in order to perfect China’s environmental law.