Environmental Joint Tort Liability Research

Environmental common tort case involving the problem is very complex,which often involves the cognizance of environment infringement and joint tort.How the environmental joint tort act impartially divided between responsibility is the primary problem to solve environmental common tort;In the environment infringement of common infringement is barred foreign jointly and severally liable or according to the duty,the internal responsibility what specific reasonable division,etc.,also is to solve the problem of environmental common tort case.In the imputation principles of environmental common tort cases,liability way on issues such as countries have different ways of handling;In the judicial process often have a lot of similar cases,occurred in different areas,due to the local economic development level of different verdict is very different;In the judicial practice of our country lawsuit high conditions of prosecution and trial time is long,in the process of the division of responsibility of the evidence forensics and identify unprofessional and uneven distribution,institution building in relief way relative to other countries after the ruling way is unitary and so on.That deal with environmental common tort dispute authority has a multitude of feelings.But our country about environmental tort legislation relatively little and dispersed,most applicable civil law regulations on joint tort.In order to make the relatively disadvantaged environment infringement victim's legitimate rights and interests can be fair for relief in a timely and effective manner,in this paper,the current situation of legislation and judicial application of the basic,reveals our country the legislative defects and judicial application of the environmental joint tort liability,and to our country in the aspect of the environmental joint tort liability law perfect and systematic problems,puts forward his own idea.Put forward in the aspect of judicial practice to establish and perfect the environmental damage assessment system,perfecting the environmental damage compensation guarantee mechanism and improve the environment infringement dispute resolution mechanism.