What are the rules for determining the civil liability of environmental tort?

1. What are the rules for determining civil liability for environmental infringement?

The imputation principle of tort liability refers to the basis for confirming and investigating the infringer's civil liability, which solves the basic problems of tort civil liability. The bearing way of civil liability for environmental tort

According to the General Principles of Civil Law of People's Republic of China (PRC)

Article 134 The ways to bear civil liability mainly include: (1) stopping the infringement;

(2) remove obstacles;

(3) eliminate the danger;

(4) returning property;

(5) restitution;

(6) Repair, rework and replacement;

(7) Compensation for losses;

(8) Paying liquidated damages;

(9) Eliminating the influence and restoring the reputation;

(10) Apologize.

The above-mentioned ways of bearing civil liability can be applied separately or in combination.

In handling civil cases, the people's courts may, in addition to applying the above provisions, admonish them, order them to make a statement of repentance, confiscate the property and illegal income of illegal activities, impose fines and detain them according to law.

Second, the characteristics of civil liability for environmental tort

First, the subject is not equal. For general tort, the status of the offender and the victim is equal, interchangeable and specific. However, in environmental tort, the perpetrators are mostly enterprises with economic strength, and the victims are mostly ordinary people who lack the ability to escape and resist, and their status is unequal.

Second, the infringement lacks directness. General tort directly affects the victim's personal property, which is relatively simple, direct and easy to confirm. Victims can get relief based on property rights and personal rights. Environmental tort often indirectly affects people and public and private property through the intermediary of "environment". Environmental factors such as air, sunshine and water are regarded as inexhaustible objective existence, which is called free property in economics. People can't possess and control it, and they don't have the property mentioned in civil law. In addition, in the environment of waste discharge caused by economic activities, traditional civil law theory regards it as a concrete manifestation of exercising enterprise property ownership or management right. Because of this, environmental rights emerged as the relief basis of environmental damage.

Third, the pollution discharge that leads to environmental infringement is "legal". From the legal value point of view, general tort is illegal or contrary to social morality; However, under the existing production technology level, all kinds of pollution discharge behaviors that lead to environmental infringement are products that must be accompanied by enterprises' production and operation activities, which have certain social adaptability, and these are even legal acts.

Fourth, environmental infringement is persistent and uncertain. Generally, the general infringement is one-off or lasts for a short time. Damage will occur immediately with the implementation of infringement, which is easy to be identified by victims and judicial organs. Environmental infringement is often persistent and repetitive. Usually, it can only occur and show its harm through extensive space-time and long-term accumulation and multiple compound effects, with accumulation, lag and uncertainty. In this way, it is difficult to judge who is the perpetrator, when the infringement occurs, whether there is a fault, and whether there is a causal relationship between the behavior and the result. The above characteristics of environmental tort make it difficult for traditional civil liability theory to provide appropriate relief for environmental damage. This phenomenon violates the concept of human fairness and justice, so it is necessary to revise and develop the traditional theory of civil liability. However, as far as the whole jurisprudence is concerned, the whole theory and system of civil liability cannot be changed because of environmental tort relief. Therefore, the concept, theory and system of environmental civil liability came into being, which is only applicable to the field of environmental tort.

Civil liability for environmental tort is developed on the basis of traditional civil liability theory and is an important part of civil liability. However, the particularity of environmental tort also makes it a special and relatively independent civil liability, which has the following characteristics:

First, these rights are based on different reasons. Traditional civil liability is generally based on property rights and personal rights, while environmental civil liability is divided into property rights and personal rights, and also based on environmental rights and interests.

Second, the principle of imputation is different. Traditional civil liability is based on the principle of fault liability, with no-fault liability as an exception. Environmental civil liability is mainly no-fault liability.

Third, the interest measurement mechanism is widely used. Because environmental tort has social practicability to a certain extent, when determining the responsibility and form of responsibility of the actor, we must weigh the interests of both parties, so as to determine the responsibility of the actor and its formation.

All torts include environmental torts, and their civil liabilities are actually similar. However, the legal consequences of environmental infringement are not only civil liability, but if the environment is seriously polluted, the judicial department may even pursue the criminal responsibility of the infringer. I also hope that everyone will consciously protect the atmospheric environment in the daily production and operation process.

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