Reflection And Reconstruction Of The Environmental Civil Liability Regime

In recent years, environment issue attracts more and more attention and research of theory of the law in China. There are two reasons about that. On one hand, profound environmental pollution problem is associated with China’s economic modernization and the environmental pollution tort cases frequently occur, which caused many report from domestic media and people’s attention. The environmental pollution has seriously undermined some areas residents’ life stability, health right and basic live right. On the other hand, due to based upon differences of legal regulations for the court hearing the case, the results of the court hearing environmental pollution case are different. The provisions on environmental tort liability of Tort Liability Act have followed and maintained environmental civil liability regime established by the General Principles of the Civil Law and Environmental Protection Act. Realistic requirements, theoretical controversy and contradiction of legislation indicate that environmental civil liability system is well worth topic for research.In this paper, first of all, it will discriminate concept related the environmental civil liability to compare and contrast some similar concepts such as environmental tort, environmental injury and environmental harm etc. In addition, this article will analyze the question that whether environmental civil liability is environmental tort liability and will clarify the relationship of related concepts of environmental civil liability, which could be used for distinguish and define in reality. Secondly, the more reasonable reconstruction idea will be proposed in order to improve environmental civil liability system depending upon analysis and research of some aspects such as constituent elements, doctrine of liability fixation and breach of contract in environmental civil liability. Finally, through the view and exploration between the existing doctrine and practice, legislation and the judicial, this paper will analyze and reference the foreign environmental civil liability doctrine and legislative to solve the doctrine of theoretical controversy, legislative and judicial conflicts phenomenon, as well as will find the root of system dilemma and propose convincing solutions. It can make the environmental tort issue further development in the tort liability law.There are four main points in this article. Firstly principles of environmental tort liability should be typed applicable and reasonably resolve the current problems faced by the imputation principles of environmental pollution. Secondly choice of implemented way of environment tort responsibility is to that safeguard the victims’ legitimate rights; make immediate relief for the victim’s loss and the pollution actor should be punish and sanction. Thirdly illegal should not be as general constitutive requirement of environmental civil liability. The fourth point is that affirmation and development of Environmental liability for breach of contract has great significance to the reconstruction of the environmental civil liability system.