Study On The Legal Issues Of The Principle Of Imputation Of Environmental Tort

Since the beginning of the 20 th century,the environmental risks brought by industrial production mode and modernization are posing threats to human beings and ecological system,and gradually becoming the key factors affecting economic development and social stability.The instinct of human beings to seek safety urgently requires that at the same time of development,the environmental risk behavior should be regulated through the system,and the damage caused by it should be reasonably distributed and mitigated.This requirement promotes the interaction between civil law and environmental law,and produces and develops the environmental tort system.The imputation principle of environmental tort,as the basis of distributing damages,can be found to be contradictory and difficult to run in in the legislative provisions and judicial practice,and can not well realize its institutional function.Therefore,on the basis of clarifying the relevant concepts of environmental tort,it is necessary to analyze the differences between environmental tort and general civil tort,and to categorize environmental tort from the aspects of environmental elements,subject of behavior,infringing behavior,infringed rights and interests involved in environmental tort.By analyzing the relevant legal provisions and judicial application of the environmental tort imputation principle,it can be found that the environmental tort imputation principle has some problems in the legislation and judicial practice,such as the expansion of the no-fault liability imputation principle,the lack of practical guiding significance in the legislative classification of environmental tort types,and the non-unified judicial application of environmental infringement standards.The reasons for the above legal problems include the single choice of the legislative value of environmental tort liability,the diversified development of environmental tort types,the lack of scientific legal definition of environmental standards,and the insufficient support of the socialized relief system for environmental tort.On the basis of reviewing the theory of environmental tort imputation principle abroad and the research path of domestic scholars,it can be found that in the field of environmental tort with high environmental risk and inequality of parties,the principle of imputation without fault has its necessity.However,in other fields of environmental tort,there are also applicable limitations.Based on this,we should improve the subject to infringement and environmental elements for the standard of environment tort imputation principle of typed legislation under the guidance of legislation value,such as justice and efficiency value.And we should improve environmental standards in the evaluation function of environment tort,strengthen the socialization of environmental tort relief system to apply the support of environment tort imputation principle of fault liability.In this way,the filling and prevention functions of environmental tort liability can be brought into full play and the fairness and efficiency requirements of environmental tort relief can be realized.