Study On The Privatization Of Transboundary Environmental Damage Liability

In the background of economic globalization, each sovereign state in order to pursue the development of high-speed industrialization strengthened the close exchanges and cooperation among countries in order to obtain greater economic benefits. At the same time, many problems have emerged, the depth of use of natural resources and the environment will undoubtedly become a major problem to be solved. The environmental problems also will be gradually increased to global issues.With economic activity between countries to carry out more frequently, the probability of occurrence of transboundary environmental incidents gradually increased. In order to prevent human activities on the global environment caused further destruction, international law scholars eager to build a cross-border environmental damage liability model to resolve the problem. However, the responsibility for the current model focused primarily tend to build private responsibility, scholars have formed a general view that the trend of transboundary environmental private responsibility is the mainstream. In order to study this phenomenon, this paper made the following arrangements:The first chapter is the introduction, depicting the background and the purpose and significance of transboundary environmental damage private law issues of the topic, the domestic and foreign existing research topics and problems are determined based on the contents of this paper and methods. The second chapter is a transboundary environmental damage and liability overview, defines the concepts of transboundary environmental damage, and the three existing types of legal responsibility to do a simple analysis. The third chapter of the value of transboundary environmental damage liability and responsibility of the State and the private mutual relations objective analysis. The fourth chapter describes the practice of transboundary environmental damage liability of private law and the development of new principle of strict liability introduced. Based on these studies, the fifth chapter show some suggestions to deal with transboundary environmental damage of the responsibility of private law.Our country in dealing with transboundary environmental damage events should adhere to the principle of territorial use sound, the precautionary principle and the principle of timely and adequate compensation. Secondly, we must establish a sound legal system of transboundary environmental damage liability in the country to establish a special law related fields, and actively join the international environmental conventions. At the same time, but also a clear responsibility of the public law status, strengthen the establishment of environmental damage beforehand relief mechanisms. Finally, we need to set up a matching liability guarantee system for transboundary environmental damage liability risk sharing, to prevent the operator due to liability claims against financial hardship to victims while providing a powerful gurantee.