On Civil Liability Of Environmental Pollution

The civil liability of environmental pollution is a civil legal consequence which the person (citizen, legal person) should take because his actions lead to living and ecology environmental pollution and therefore damage the living rights, environmental interests and other kinds of rights and interests of the people in certain fields.The civil liability of environmental pollution belongs to the special tort civil liability and it sprouted form ancient China, and many overseas countries have detailed provisions about it. Through the comparison between China and western countries, this article points out that Chinese civil liability of environmental pollution should insist on " two constitutive requirements " that is to say " illegal act" should be eliminated in constitutive requirements. In this article, the author poses disadvantages of Chinese doctrines of liability fixation in civil liability of environmental pollution and suggests perfecting principles of liability without fault; in the light of Chinese increasingly serious environmental pollution, the author raises to draft" prevention and Cure Act in public Hazards " , and clearly provides the shift of onus of proof and presumption principles of causality. Moreover, this article puts " stop damage, eliminate the obstruction and eliminating the effects of the act " as the main civil responsibility patterns and gives some relief ways to aggrieved parties. The purpose is to prevent environmental pollution and realize sustainable development in human society.