Research On The Liability-bearing Mechanism Of Several Persons For Environmental Tort

Environmental tort belongs to the special tort field in tort law,which is different from ordinary tort in the determination and undertaking of liability.Because of the multiplicity of the tort subject and the identity of the damage result,the complexity of the liability is increased.Different interpretations of the relevant provisions of the tort liability law of the People's Republic of China(hereinafter referred to as the tort liability law)have led to different opinions on this issue in the theoretical and practical circles.This paper is divided into four parts.The first part is the theoretical basis of environmental tort.The first section starts from the concept of environmental tort,and explains that the ACTS of environmental tort should include environmental pollution and ecological destruction,and their infringement targets should include environmental rights and interests in addition to the traditional personal rights and property rights,and should cover the dangerous state of environmental damage.The second section sorts out the problems existing in the theory of multi—person tort and its exposure and performance in the field of environmental tort.We should take the causal relationship as the main criterion and make a typological decomposition of human environmental tort according to the fault factor.The third section points out that industrialization concentration and backward management are the important causes of environmental infringement.The second part is the theoretical and practical analysis of several people's environmental tort liability.The first section is the principle of no—fault imputation for environmental tort,and discusses the core position of fault in the joint environmental tort.It also points out the effect of illegality on the elements of environmental tort.The second section reviews the legislative evolution related to the environmental tort liability of several people,sorts out the reasons for the different liability forms of environmental tort of several people,and points out that it should be determined scientifically by combining various factors.The third section,from the perspective of the regulation and expansion of tort law,alleviates the theoretical obstacles to the application of tort law in environmental public interest litigation,and summarizes the performance of the application of liability in several environmental public interest litigation.The third part is the assumption and application of several people's environmental tort liability under the type of causality.From the perspective of causality,the environmental tort of several people is further divided into five types.Namely environmental common tort,choose the causal relationship between a number of environmental tort,the cumulative number of causality environment infringement,part of the causal relationship between several people causal relationship between environmental tort and mixed several people the environment infringement,and correspond to the tort liability act "environmental tort interpretation and the related provisions of the civil code(draft)the determination of its liability rules.The fourth part is the protection and improvement mechanism of several people's environmental tort liability.First,under the background of civil code compilation,we should insist on stipulating the causes of environmental infringement "ecological damage".It is necessary to absorb the provisions of judicial interpretation to construct the mixed causal relationship between several environmental torts and their part of joint and several liability rules.The second is to establish the necessary mode of joint action for several environmental infringers,so as to ensure that several infringers can fully prove and find out the truth.Thirdly,we should perfect the judicial criterion of environmental tort of several persons from the aspects of fault identification in environmental joint tort and the specific application of the rule of presumption of causality in choosing one causality and multi —cause—and—effect multi—person environmental tort.