| Environmental joint torts, as a special form of joint torts, is a common phenomenon of public nuisance in the society of modern industry. But what is to be regretted is that enough attention has not been paid to environmental joint torts in legislation as well as in theory. Accordingly, we always resolve the cases of environmental joint torts by means of the rules of joint torts in judicatory practice and the research done by most of scholars in environmental law is almost confined to the simply transplant from the theory of joint torts, which is already proved to be impractical. So, it is meaningful that we probe deeply into the issues such as the essence and liability of environmental joint torts in tune with the characteristics of environmental law.The essay, which is composed of four parts, probes systematically into several main aspects of environmental joint torts. The first chapter lays a firm foundation of further research on environmental joint torts by defining it and describing its peculiarities. The second chapter firstly illuminates several theories on the essence of joint torts and investigates the practice of some countries in the world, and then confirms the modified relevant common principle, which including three organic parts such as subjective, objective and common dangerous type, as the-should-be mode of the essence of environmental joint torts. Based on the clarification for the essence of environmental joint torts in the above chapters, the third chapter divides the environmental joint torts into the type of common willfulness, the type that the result can't be divided and the common dangerous one, and then gives an analysis of the constituent element, principle assignment of liability and quote obligation of each type of environmental joint torts. The fourth chapter carries on research into joint liability of environmental joint torts and points out the trend to take joint liability as the leading form and cutting apart liability the supplementary form in the liability undertaking of environmental joint torts. |
