Study Of How To Assign The Responsibility Of Environmental Pollution Civil Tort In Third Party Governance

Third party governance in pollution has been more and more application in recent years,and found some problems in judicatory cases also.People found that if there is tort in the third party governance,assign to responsibility to who,how to assign the responsibility,what is the standard to decide who have the responsibility to undertake it?Add the reason of pollution is complex,neither dirty industries or environmental protection enterprises would shoulder the responsibility.This article use a case to illustrate how the complex reasons make the problem in practice.There is no a law to aim to solve the matter in third party governance,so we have to through some rules in Contract Law,Tort law,Environmental Protection Law to judge the cases.But these are some contradictions between these rules:legal provisions and legal application not clear even conflict,and the rules not incoherent.The key to solve these problems is making clear the relationships of subjects in third party governance,and find the most appropriate regulation between them.Also,we must make the reality of our country and the distribution rationality into consideration.Furthermore,the reason of environmental pollution is complex,many dirty industries illegal emission or breach of the contract,make the responsibility more complicated.Article separate the responsibility in third party as the external responsibility and internal responsibility.For the different reason of the pollution make third party tort liability or joint-tort liability in external responsibility.Corresponding,the subjects need to shoulder the unreal joint responsibility an real joint responsibility.Judge from the define of joint tort,the key of distinguish these two action is whether there is fault between their action.Except the pollution is in the area regulated by Marine Environment Protection Law,the tort cause by third party can not be the reason of infringer not to shoulder the responsibility.Article make the internal responsibility more detail,analyze the different between the responsibility of tort and breach contract.At first we must know what relationship is between dirty industries and environmental protection enterprises in the rort responsibility.Article indicates that,the relationship between dirty industries and environmental protection enterprise should not be treat as environmental tort,because it would lead to a paradox.It should be treat as general tort,use the fault liability to shoulder responsibility.First,the action of pollution have original sin and that is dirty industries' fault.Second,use fault liability between dirty industries and environmental protectionenterprises would accord with the theory of damage sharing.Third,use fault liability meet the analysis of doctrine of liability fixation though economic.Finally,use fault liability and make dirty industries shoulder the responsibility in keeping with the principle of who make the injure who shoulder the responsibility.To the responsibility of breach of contract,we should divide third party governance into two types mode and treat them as two different contracts,so they have different rights and obligations.Dirty industries and environmental protection enterprise follow their obligations,or not will aggravation their responsibility.Although their have two relationships between dirty industries and environmental enterprise,there is one kind of damage in victims.So victim must choose one type of relationship from general tort and environmental tort and just can claim for damage by one type of relationship.Different type of relationship will lead to different assignment of relationship,dirty industries or environmental enterprise can weigh the interests and choose the better one.