On The Limitations Of The Development Of Private Law In The Responsibility Of Cross-border Environmental Damage

In the area of accountability for transboundary environmental damage,the victims are forced to resort to cross-border civil environmental litigation to seek relief because of the difficulty and complexity of recourse to state responsibility,that is,to abandon the "public law relief" and refer to " Private law relief ".With the frequent cases of cross-border environmental damage,cross-border environmental damage to the responsibility of the private law has also been rapid development.There are even views that the vast majority of cross-border damage cases can be resolved through private law,or that the cross-border environmental damage liability private law is the main way to solve cross-border damage.However,from the practice of existing treaties and jurisprudence,it can be found that the problems in the process of private law are still prominent and that there are defects and obstacles in the recognition and enforcement of jurisdiction,law and judgment.Moreover,from the theoretical analysis of international environmental law and state responsibility,state responsibility should not be neglected and reduced in the process of private law enforcement of cross-border environmental responsibility.On the contrary,the responsibility of private law should be promoted and emphasized by the emphasis and development of state responsibility.Before the advance.Private law responsibility and public law responsibility can exist at the same time,complement each other.From the point of view of the development of international environmental law,it is only by further strengthening the responsibility of the state in order to promote the international community to enhance the importance and protection of the whole environment,so as to promote the establishment and perfection of the legal system of international environmental law.