Research On Market Share Liability In Environmental Tort Damages

Since reforming and opening up, Chinese economy developed rapidly, and made remarkable achievements in economic construction, people’s living standards have been greatly improved. All aspects of political, economic and cultural developed synchronously, China as a world power in the international community have played an irreplaceable role. However, behind the rapid economic development, due to lack of adequate attention to environmental protection in the environment has paid a very heavy price. "Cancer villages", massive environmental pollution events such as mass lead poisoning happened such as spurt, where high incidence of cancer, blood diseases generally, there are some difficulties in the process to many victims to seek legal relief. With this kind of complex mass tort cases are closely associated, this kind of mass environmental tort case is not only against public health and safety, also had a great impact on social credit itself and even to some extent unstable social factors also undermined social stability and unity. Therefore, to solve large-scale environmental violations is particularly important. This paper uses case studies and literature analysis, by the case led to the current problems of mass environmental tort case in China, then introduce document analysis United States market share rule theory and analysis of the rules embodied in the current legislation of environmental tort in China, finally put forward appropriate solutions to the application of the rules of market share in China difficulties.This paper content mainly is divided into five parts, the first part by "cancer village" event leads problem and the corresponding of legal thinking; the second part mainly introduce market share rules of theory, including market share rules of origin, and connotation and corresponding mode; the third part mainly analysis applicable market rules generally applicable rules including market share and market share in the rules of the applicable environmental torts; the forth part mainly analysis market share rules in environmental torts of proof responsibility which is the essence of this rule, and analyze the burden of proof system; the fifth part analyze that how the market share rule is embodied in the legislation, and put the legislative consideration and countermeasures against the application of the rules in China dilemma.