The Research Of Environmental Tort Liability Subject's Judical Expansion And Constraint Rules

Polluter pays principle is a basic principle of our country's law which determines the environmental tort liability subject.However,the environmental tort liability subject is confined in the category of polluters which is determined by the particularity of environmental tort and can't cover all subjects that related to environment tort,environment tort relief turned to short of energy.Thus,under the background of severe environmental situation and insufficient judicial supply,the environmental tort relief is strengthening the protection of victims and emphasizing on the ecological civilization construction in our country.Besides,law theory research and judicial practice have made effective explorations about it,especially the consideration of judicial judgments base on the factors like the subjective fault of defendant,cause and effect,it expands the subject of environmental tort liability to relevant subjects beyond the polluter such as the manufacturers and operators of pollutants,rentals and lenders of equipment,which shows a constantly expanding trend.This paper is divided into four parts.The first chapter is definition about environmental tort liability subject based on the laws,regulations and judicial interpretations in China,it first generalizes related definitions about environmental tort liability subject in our country,then discovers the problems that the definition of environmental tort liability subject in laws are various,and the existing subject range is simple.In the next place,it points out the constantly expansion trend of environmental tort liability subject from the aspects of theory and practice,it also points out that environmental tort liability subject shows a trend of generating and developing to multiple subjects,which is also a key point in this paper.Chapter two generalizes the judicial cases of the expansion of environmental tort liability subject and divides it into four categories.At the same time,analyze the characteristics of the judicial expansion of environmental tort liability subject.Chapter three demonstrates the rationality of environment tort liability subject's juridical expansion from two aspects-rationality and theoretical foundation,in order to find out the legitimacy and theoretical basis of the expansion trend.Chapter four demonstrates the final rule of environment tort liability subject from two aspects-cause and effect,fault liability.It points out that on the premise of lacking laws and regulations,if it is allowed to expand without any constraints,is bound to expand the discretion of the judge and thus affect the stability and predictability of the law,even cause the destruction of the existing legal system.In such condition,such expansion trend must be limited reasonable to maintain the rationality and appropriateness of such expansion.