Study On The Problems Of Eia Agencies’ Civil Liability In Environmental Tort

Many problems expose in environmental impact assessment agencies inenvironmental tort incident, and the direct trust relationship is the mostimportant source of assessment agencies of the resort to deceit. For thepreservation of their own interests, the EIA institutions do the things to harmthe interests of the state and third people. Qualification management has weaksupervision to the EIA agency so that the EIA institutions without qualificationand no professional qualification of the EIA Engineer fill in the society. But the"tort liability act" on the EIA institutions whether to undertake the civilliability issues is not specified. The EIA agencies are to have loopholes in thelaw. Tracking evaluation follow-up for various reasons can not be strictlyimplemented. The EIA institutions have many problems in EnvironmentalTort.The construction of the system of the environmental impact assessmentagencies’ liability in environment tort is of very importance. Not only play acontrolling role in the source of environment protection, but also embody thepursuit of material justice. The EIA agencies only undertake the legal liabilityadministrative responsibility and criminal responsibility, not including civilliability provisions. For the maintenance of victims’ legitimate rights andinterests and other reasons, the civil liability should also be included in the law.There are several theories of criterion of liability system, but the civilliability of the EIA agencies in environment tort should adopt fault liability.For the EIA agencies non-fault liability has many restrictions, not fair.Application of equitable liability in the law usually has strict limits. In view of the difficulties in the burden of proof liability to the victim in non-fault liability,the presumed-fault liability principle should be more reasonable as a specialform of fault liability.According to the general provisions of the constitutive elements of tortliability, there are four elements deciding the civil liability of EIA agencies inenvironment tort. Firstly, the EIA agencies implement the act which bringsdamage to victims. Secondly, there exists damage. The main forms of thedamage are personal injury, property damage, mental damage and ecologicalenvironmental damage. Thirdly, there exists effective causation. Causationjudging standard in the law should adopted the correspondence of causalrelationship theory in combination with "the rule of foresee ability". Lastly,there exists intent or negligence in the EIA agencies. The principle ofcorrespondence between subjectivity and objectivity should be taken inidentifying in the subjective. We should judge whether the EIA agencies tomake a reasonable and careful attention obligation in the process ofenvironmental impact assessment in subjective standard. The duty of thisattention obligation not only for the enterprise, but also should be the thirdinnocent people. Objective criteria should judge EIA agencies areirresponsible and resort to deceit behavior.In the last part of the EIA institutions of environmental tort liabilityissues are discussed. When the EIA institutions and enterprises are in thecommon infringement，how to investigate the civil liability is a problem. Thispaper will demonstrate different situations from the joint and several liability,the liability and supplementary liability.