Study On Doctrine Of Environmental Tort Civil Liability

Due to the increasingly severe environmental problems, more and more social contradictions exist, thus to solve the environment problems has become the focus and direction of many disciplines. The true nature of the environmental right has the attributes of basic human rights, and the environment right researched here refers to lawsuit caused by environmental tort dispute between adjusted equal main body through the civil law, in order to achieve the purpose of making up for the damage and safeguard justice.This paper is composed of five parts. The first part is brief introduction to the environmental tort civil liability in which concepts of environmental tort and civil liability for environmental tort are introduced. The second part mainly examined theory change of the imputation principle of civil liability of environmental tort and concept of civil liability principles for environmental tort, and based on which unitary imputation principle of civil liability and dualized imputation principle of civil liability are theoretically analyzed. The third part mainly introduced environmental tort liability imputation principle in the practice in other countries, which mainly borrowed from theoretical development and legal practices in Germany, America and Japan. The fourth part mainly analyzed China’s current environmental tort civil liability imputation principle system, and described defects of configuration of civil imputation principle of environmental tort in China by inspection to current legislation system in China. The fifth part is reconfiguration of imputation principle of environmental tort in China, in which the necessity for adopting dualized imputation system is demonstrated and reconfiguration of environmental imputation principles and improvement of related regulations are also stated. The fourth and the fifth part on how to establish dualized imputation system in China is the focus and innovation of this paper, in which systematic analysis and demonstration is made upon imputation system that should be adopted for civil right imputation principles for environmental tort.