Research On The Application Of Environmental Standards In Tort Law

At present,our country is in a critical period of reform of the ecological civilization system.Clarifying the legal effect and application of environmental standards formulated by different departments can enable the parties to form a stable expectation on the outcome of environmental infringement cases.According to the new Standardization Law,the national pollutant emission standards and national environmental quality standards are basically mandatory environmental standards,and environmental monitoring standards,environmental basic standards,and environmental sample standards are recommended environmental standards.From the perspective of environmental law research,only environmental quality standards and pollutant discharge standards are closely related to environmental rights and obligations,and other environmental standards are irrelevant.This article only discusses the applicable rules of environmental quality standards,pollutant discharge standards,and environmental monitoring standards in tort law.In addition,Articles 1229 to 1235 of the Civil Code Tort Liability have clearly stipulated the scope of environmental torts,i.e.,the scope of environmental torts includes not only the object of the infringement on the subject as an individual or a specific majority.The traditional environmental pollution infringement of personal and property rights also includes ecological damage infringement that infringes on the object as ecological interests and environmental public interests.This article will also conduct research based on this type of environmental infringement.Aiming at the positioning of the effectiveness of environmental standards,there are three theories: "legal origin theory","quasi-legal origin theory" and "non-legal origin theory".The viewpoint of "quasi-legal origin theory" is worthy of approval.At the same time,it should be pointed out that the environmental quality standards,pollutant discharge standards,and environmental monitoring method standards issued by the Ministry of Ecology and Environment,the Ministry of Natural Resources and other ministries have quasi-judicial effects and local environmental quality standards.And local pollutant discharge standards do not have this effect.In environmental pollution infringement,pollutant emission standards determine the degree of fault of the subject's behavior,and environmental quality standards are used to judge the cause and effect of infringement and determine the damage result;in ecological damage compensation,pollutant emission standards are used to judge the illegality of the infringing subject's behavior,and the environment.The quality standard defines the degree of ecological damage,and the environmental monitoring method standard serves as the evaluation basis throughout the entire process of pollution monitoring,ecological damage compensation,and ecological restoration.Before the relevant standards are formulated or revised,the environmental benchmarks play a role similar to the standards and have a certain reference value;The environmental baseline has a discerning function in the assessment mechanism of the ecological environment restoration effect,to identify whether the damaged ecological environment is restored to the state when the damage did not occur.