Study On The Principle Of Imputation Of Environmental Infringement

Aimed at the shortage of Chinese environment tort civil relief and the chaos of environment tort imputation principle in judicial application,the paper mainly analysis and evaluation the no-fault liability principle in the field of environmental tort through the methods of case analysis and logical thinking at the present stage in China.And found that the biggest problem of environment tort imputation is the legislation.There are so many contradictions in legislation.Besides,legislation,judicial and academic's interaction exacerbating the problem.There are few studies on the principle of environmental tort liability in the field of environmental law in China.Even now,so many studies are imperfect.Moreover,when it comes to the principle of environmental tort liability,some scholars start to classify the types of environmental pollution by the types of pollutant,which inevitably becomes the paradigm of relevant theoretical study.In addition,the blind worship of the principle of no-fault liability in the field of environmental tort undoubtedly leads to the expansion of its application scope.This paper puts forward some objections to the overall application of no-fault liability principle to the liability principle of environmental pollution tort in China.And regard imputation principle as the rules and methods attaching liability to subject.To realizing the balance of the necessity and difficulty of relief in a short time,it is necessary to apply objective fault imputation,no-fault liability and fair liability separately according to the different forms of civil liability.In this process,we should put rights relief at the center.