Comparative Study On Civil Liability Of Environmental Pollution Tort Between China And Germany

In recent years,environmental pollution infringement incidents have been increasing,improving China's existing environmental pollution tort liability system is related to the immediate interests of the people.From the perspective of comparative law,Germany,as a typical representative of modern civil law countries,has a strict and completed environmental pollution infringement legal structure with clear descriptions and strong reference significance,which should be the focus of our comparative research.By comparing the environmental pollution infringement liability system of China and Germany,this dissertation aims to discover the deficiencies of China's relevant legal systems,and attempts to propose legislative proposals in order to improve the current situation of China's environmental pollution infringement liability system that needs to be improved.This dissertation systematically compared the environmental pollution infringement laws of China and Germany from the following perspectives.First of all,in terms of legal regulation system,China and Germany have similarities in the layout of the system.However,the relationship between the special law and the general law is quite different from German laws because there is no civil code in China.This dissertation recommends the establishment of a legal system based on the civil code and supplemented by special provisions in special environmental protection laws.Secondly,in terms of the attribution of responsibility,although Germany applies a special dual-system attribution system,the reasons for its existence include historical factors and its institutional basis.Instead of directly transplanting the German method,it is necessary to first subdivide the source of pollution and then adopt different blame principles according to the type of pollution.Thirdly,in terms of constituent elements,Chinese law emphasizes the protection of the rights and interests of the infringed person.German law focuses on balancing the interests of the parties,so there are differences in the illegal storage and abolition of the constituent elements.This dissertation recommends to change the legislative provisions on environmental pollution infringement in the Civil Code infringement liability compilation,and apply the value measurement principle to determine the boundary of infringement liability.Fourthly,in terms of burden of proof,China 's inversion is already a more advanced approach from the perspective of comparative law,but Germany 's use of equipment as an entry point for proof is more humanized,which is conducive to the convenience of infringement.This dissertation recommends that the provisions of the Civil Code be used to reduce the proof requirements for the parties,to protect the parties 'right to request information,and to further reduce the difficulty of the proof of the infringed person.Fifthly,regarding the identification of causality,China is currently facing a problem that the guiding ideology contradicts actual legislation,and the provisions on the causality certification standard are also vague.This dissertation recommends China's legislation to follow the model of the presumption of causality in German environmental tort liability,and specify the content and standards of certification of both parties in environmental pollution infringement litigation.Sixthly,in terms of liability for compensation,Germany has established a personal damage compensation limit system and its supporting guarantee mechanism for environmental pollution tort liability,which is different from China's complete compensation model and is more conducive to social stability and development.This dissertation recommends that China should stipulate the upper limit of compensation for personal infringement of environmental infringement in the Civil Code,and gradually establish a supporting social guarantee mechanism.