Research On The Subjects Of Ecological Tort

Themed by the subjects of ecological tort,this paper defines the concept of"ecological tort" as the ecological damage caused by the doers who shall bear civil liability in the process of exploiting and using the natural environment(if the physical,chemical or biological functions of the ecosystem are seriously degraded or deteriorated).Ecological tort is a form of special infringement with its own legal attributes,which is manifested in the special nature of the object,the pluralism of the subject,and the inequality between the subject and the object.Also,the elements of ecological tort mainly consist of three parts:tort acts,damage facts,and the casual relationship.According to the analysis of the status quo of the subjects of ecological tort,it can be verified that there are few legal norms related to the subjects of ecological tort in China,which more are found in relevant policies.Meanwhile,on March 13,2018,the institutional reform of State Council program also affected the scope of the relevant subjects of ecological tort.So the subjects of ecological tort discussed in this paper mainly centers on plaintiffs and defendants in the litigation for compensation of ecological tort,namely,the subject of claims of ecological tort and the liability subject of ecological tort,including natural persons,legal persons,and unincorporated organizations.At present,there are many predicaments in China's subject of claims of ecological tort,for example,natural persons do not have the qualifications for ecological tort claims;social organizations confront with difficulty in claims for ecological tort and the qualifications of ecological tort claims of various competent authorities are not clear.On the other hand,many problems also exist in the scope of the liability subject of China's ecological tort,for example,the responsibility of the natural person is not clearly defined;the unit leaders and some related personnel are not responsible for the legal basis;and whether the government is the liability subject or not still remains controversial.So in response to these problems,this paper analyzes the subject of claims and the liability subject of ecological tort,discussing the legitimacy and feasibility of natural persons,environmental protection organizations,government agencies,and procuratorates as the subjects of claims;,and analyzing the rationality and legitimacy of natural persons,general legal persons,and unincorporated organizations and administrative agencies as the liability subjects.Based on the analysis of the scope of each subject,in the aspect of improvement of the subject of claims,it also proposes to integrate natural persons into the scope of the subject of claims,broaden the qualifications of the social organizations,and define the qualifications of the ecological torts claimants of various competent authorities.What's more,in the aspect of improvement of the liability subject,it proposes to define the natural person's responsibility,increase the accountability mechanisms of the main body's responsibility for pollution as the obligation subject as well as the liability subject to intermediate between them(government)--the ultimate liability subject.At the same time,the design scheme to standardize both the subject of claims and the liability subject are put forward.