On The Preventive Liability Of Environmental Tort

Since the reform and opening up,China’s economy has developed rapidly.In order to obtain more economic benefits,many enterprises have over-exploited and used ecological resources and maliciously polluted the natural environment,resulting in increasingly serious environmental problems.A series of environmental pollution and ecological destruction cases followed,which seriously infringed on the personal safety and life safety of the people.The consequences of such damages were only to appeal to the court for compensation at the material level or for environmental restoration supported by financial resources.Negative and passive remedies are not enough to make up for the health and life safety of citizens,and protect the public interest of the environment.The preventive responsibility of environmental infringement can fundamentally protect the legitimate rights and interests of citizens’ personal and property and environmental public interests.However,in the law,the provision of environmental tort preventive liability is relatively simple,and it is used in practice infrequently,and is not valued.In order to better play the role of preventive protection of environmental tort preventive liability,from the following four aspects Discuss the preventive responsibilities of environmental infringement:First of all,on the basis of clarifying the concept of environmental infringement,the connotation of environmental tort preventive liability is further elicited;ecological damage infringement is included in the scope of environmental infringement,and the damage to the legal rights and interests of ecological damage is considered to belong to the scope of environmental infringement;The specific circumstances to which preventive liability applies and three specific methods of preventive liability for environmental infringement.Its main purpose is to have a preliminary understanding and understanding of environmental tort prevention liability.In addition,the fettle of preventive duty for environmental infringement in China is discussed from two parts: academic theory and judicial practice.In theory,regarding whether the elements of conduct in the constituent elements are illegal;there are deviations in the determination of causality,and there are areas that need to be clarified;in judicial practice,the realization of the preventive responsibility for environmental infringement is based on cases in judicial practice Analysis,environmental infringement preventive responsibility always has problems such as fewer wins and difficult implementation.Theory and practice are closely related,and there are areas that need tobe further improved to realize the preventive responsibility for environmental infringement in China.Once again,it enumerates the legislation and judicial practice of the United States and Japan on the preventive responsibility for environmental infringement,analyzes the typical cases that emerged in the two countries,and draws on the current situation suitable for the development of China,and summarizes the places that can be used for reference,for example,Japan The dualism of eliminating infringement to construct the theoretical basis for the preventive responsibility of environmental infringement in China.Finally,it involves improving the preventive liability system for environmental torts in China.Based on the summary of foreign judicial practice and legislative experience,a system of preventive liability for environmental infringement that suits China’s specific circumstances is gradually established.From the two perspectives of theory and practice,first of all,it is necessary to clarify the behavioral elements of environmental tort preventive liability and the identification of the elements of causality.At the same time,the application scope of the three types of liability realization methods stipulated in the original law is clearly divided,and intermediate prohibitions and substitutions are added.Sexual compensation methods,sort out the relationship between them,and further build an independent system of responsibility realization methods,and also propose targeted measures to solve the problem of difficult enforcement of the effective judgment of environmental tort preventive liability in judicial practice.