The Status Of The Fault On Environmental Tort Liability

In order to study the fault problems exist in the judicial practice of environmental tort liability,firstly we must clarify the concept of environment tort liability.The acting mechanism of environmental tort activities should be used as the standard of environmental tort categorization.Thus we can divide the environmental tort activities into fictional environmental tort and essential environmental tort,and on this basis builds the dualistic system of imputation of environmental tort liability:the fictional environment tort adopts the principle of fault liability,while the essential environmental tort adopts principle of no-fault liability.In the stage of the establishment of the environmental tort liability,the dualistic system of imputation determines the binary structure of constitutive requirements,the fault in different imputation principle weights differently.In the fictional environmental tort which adopts the principle of fault liability,the fault stands the position of core elements;and in the essential environmental tort which adopts principle of no-fault liability,even the fault is no longer belong to the constitutive requirement,it still has implicated relation with the constitutive requirement of no-fault liability,indirectly affecting the establishment of environmental tort liability through the influence of satisfaction degree of each constitutive requirement.In the stage of determining the scope of environmental tort liability,no matter in the essential environmental tort or the essential environmental tort,the fault of both parties all can affect the scope of environmental tort liability,and the fault degree of polluters shall directly influences the type and scope of compensable damage.In the environmental joint tort liability,the fault degree of each polluter directly determines how much the liability they shall share respectively.The fault degree of victims influences the scope of the environmental tort liability mainly through the negligence offset regulation,and the general negligence of victims can diminish the responsibility of the polluters.