Research On Civil Liability Of Environmental Joint Tort

Nowadays,with the rapid development of market economy,the problem of environmental tort is increasing day by day,especially the damage caused by joint environmental tort,which is determined by the plurality of subjects and the seriousness of consequences of joint environmental tort.However,the current laws and regulations of our country are not perfect enough for many problems of environmental joint tort.Therefore,how to interpret and improve the relevant laws and regulations of environmental joint tort is particularly important for our academic development and judicial practice.The first chapter of this paper mainly discusses the essential connotation of environmental joint tort,its similarities and differences with traditional joint tort and general environmental tort,what are its characteristics,and the most fundamental "commonality".This paper holds that commonality is common intent and negligence.This definition conforms to the systematic interpretation of the law,balances the rights and interests of victims and embodies the principle of fair liability.Chapter 2 mainly discusses the elements of liability for environmental joint tort.Whether illegality is the elements of environmental joint tort and the answer is no,how to treat the relationship between standard law and civil tort liability needs to be integrated and coordinated under the background of codification of civil code.There must be common causation in joint tort.Compared with other joint torts,environmental joint tort has its own particularity.Then,who should bear the burden of proof,how to judge causation and what criteria are there? These are all issues that should be explored.Although the principle of no-fault liability is adopted in the constitutive elements of liability for environmental tort in China,fault has a great impact on the scope of its liability.Damage consequence is the premise of liability,so how to define damage consequence? What consequences need to bear responsibility is worth studying.Chapter three discusses the responsibility of environmental joint tort,how the responsible person bears the external and internal responsibility,and how the internal responsibility is affected? How to divide it? How does the victim's fault and the third party's fault affect the joint tortfeasor's liability? What are the ways to assume responsibility and how to apply them? The application of remedial damages and punitive damages,as well as the judgment criteria,are all the contents discussed in this chapter.Chapter ? focuses on the current legislative situation and existing problems of environmental joint tort in China.Firstly,the system of environmental joint liability in China is not perfect enough,and its specific connotation is vague.Secondly,the ways and scope of each responsibility are not clear enough.Finally,there is a lack of socialized sharing mechanism for the undertaking of tort liability in China.The future environmental joint tort problem has been perfected and prospected from the legal point of view.