An Analysis On Dispute Between Chongqing Government,Liangjiang Volunteer Organization And Cang Jing Ge Over Environmental Tort

With the proposal of beautiful China,the party and the state have put the construction of ecological civilization in an increasingly prominent position,in addition to increasing penalties in law enforcement and criminal justice,at the same time,a series of measures have been carried out in the field of civil law,and a series of legal issues arising from this deserve deep consideration.In the case of environmental tort in Chongqing government and Liangjiang Volunteer Organization v.Cang Jing Ge,its main focus is whether the Chongqing government has the qualification to initiate civil litigation for environmental tort and whether the two defendants should get joint liability.First of all,Chongqing government has been authorized by the State Council's Ecological Environmental damage Compensation system reform Pilot Program.Cause the Public Interest litigation laws and regulations still lack of express provisions,Chongqing government can not be identified as legal provisions of the organs from the perspective of public interest litigation.Therefore,only from its ecological environmental protection responsibilities and a direct connection with the results of environmental damage,thus found that it has the qualification to sue the Cang Jing Ge and Shouxu company on environmental tort.Secondly,although the Cang Jing Ge Company did not directly carry out illegal sewage acts,but its commission of the Shouxu company to carried out sewage discharge is not exempt from its obligations under the law.Cang Jing Ge should still be responsible for the damage by the illegal sewage.From the perspective of objective joint infringement,these two companies should get joint liability.Finally,the civil litigation of environmental tort initiated by Chongqing Government and the joint trial process of environmental public interest litigation brought by the social organization of the Liangjiang Voluntary Service Development Center has increased the burden on the defendant,and it is necessary to determine the subject of the prosecution through prelitigation communication in order to avoid repeated prosecution.And for the two defendants in the performance of joint liability after the sharing of internal responsibilities,the breach of the agreement of the Shouxu company to assume more internal responsibilities.