Research On Environmental Tort Liability Under The Fault Of A Third Part

The third-party fault environmental infringement provisions centered on Article1233 of the Civil Code are special tort liability provisions under the third-party fault.Based on the legal policy background of strengthening environmental tort liability,relevant legal provisions and judicial interpretations have made special provisions on third-party fault environmental torts that are different from the general third-party fault,such as not allowing nominal infringers to take third-party fault as Reasons for defense.However,this kind of special regulations will inevitably have an impact on the tort liability law system.In theory,there has been a dispute about whether the third party’s fault should include the third party’s partial fault,which in practice has further created a dispute between the nominal infringer and the third party.Joint and several liability is still a question of confusion in the logic of the trial based on share liability.The reason for the confusion of judicial practice lies in the conflict between the technical provisions of judicial interpretation and the tort law system.On the one hand,the judicial interpretation ignores theoretical disputes and stipulates that the third party’s fault can include the third party’s partial fault.However,the judicial interpretation does not provide specific handling rules in the case of the third party’s partial fault.It is difficult to distinguish between infringements of indirect combination.In practice,courts often apply both the third-party fault provisions and the “indirect combination” infringement provisions to determine that the liability is established at the stage of establishment of liability;There is a problem in the undertaking stage,because the "indirect combination" infringement provisions are about share liability,and the recovery provisions in the third party’s fault environmental tort liability clause seem to have the attribute of joint liability in this case,and the two are not applicable at the same time.Very compatible.The special provisions of judicial interpretation are the attempts of modern public law to infiltrate the tort liability law with the idea of ??punishment(deterrence),and it is also a reflection of the legal and economic analysis of interest measurement in strengthening environmental tort liability.However,as far as the functional goals of tort liability law are concerned,it must be clear that the realization of the functional goals of punishment(deterrence)cannot deviate from the functional positioning of the tort liability law in the entire private law system,and cannot damage the self-consistent logic and overall operational efficiency of the private law system.Otherwise,The gains outweigh the losses,so it is necessary to clarify the subordinate status of the deterrence(punishment)function relative to the compensation(filling loss)function in the tort liability law system.Regarding the measurement of benefits under third-party fault environmental infringement,it must be clearly recognized that due to the lack of supporting legal systems such as third-party tort liability insurance in my country,the nominal infringer in third-party fault environmental infringement is relative to the third party’s People do not yet have the comparative advantage of theoretical inference.If the policy stance of protecting victims blindly emphasizes,it will damage the freedom of behavior of nominal infringers.The application of the third party’s fault environmental infringement to joint liability cannot break through the statutory principle of joint liability.Based on the value stance of protecting the environment and strengthening environmental tort liability,the Tort Liability Law has designed special technical provisions for inclined protection for victims of environmental infringements,so for the vague areas where joint liability or share liability is not clearly specified,then It is no longer appropriate to emphasize the application of joint and several liability for the protection of victims,otherwise the freedom of conduct of the nominal infringer will be excessively damaged.From the perspective of comparative law,the application of joint and several liability in other legislation has its own special system foundation.This foundation may be due to the fact that it has not adopted a strict statutory position of joint and several liability,or is due to the institutional tradition of judges creating rights.This kind of foundation is not available in our country.Starting from our country’s legal practice,we should explain the third party’s environmental infringement rules without breaking through the framework of joint liability statutory.