On The Statutory Exemptions Of Environmental Tort Liability

This paper is divided into five parts, in the first part, the author of environmental tort liability of statutory exemptions were clearly defined, highlighted the interest particularity exemptions, the balance between the offender and the victim, reflecting the legal environment of justice and order is a statutory tort liability exemptions important value of the pursuit, the type of environmental tort and statutory exemptions are only three that is a result external causes of force majeure, third party fault and the fault of the victim.Part of the second to fourth on the environment tort liability of the statutory exemptions is divided section explains. The second part of the study is force majeure, force majeure is different from the accident, because of its unpredictability so in the current environmental situation should remain as an environmental tort liability of the statutory exemptions, but its application must be strictly limited conditions, must be unforeseeable the perpetrator was taken after a natural disaster is still timely and reasonable measures inevitable damage occurs, in which case the behavior of people to follow the force majeure claim exemption.The third part of the study was the victim intentionally, deliberately victim because t he victim into the degree of fault zone fault, victims of gross negligence and ordinary negligence victims in three forms, but in the case of ordinary negligence of the victim, the offender remains negative a high degree of duty of care can not be exempted from liability as a perpetrator of the basis for the victims should be based on objective and subjective fault consistent principle, must be subjectively perpetrator of the damage has occurred fault or gross negligence, objective actor has the ability to fault when, along with two objective elements of the perpetrators before they claim exemption.The fourth part of the study is the fault of a third person, the third person at fault because they can not completely cut off the causal relationship between the perpetrator and the damage results, and has been used as the environment can no longer be statutory tort liability disclaimer in today’s tough legislative situation after the subject, so to unify the existing legislation fault of a third party, when the third person of the pollution damage occurred at fault when the pollution damage still find the infringer shall compensate the infringer liable, who can fault according to the third degree look for a third person accordingly recovery.The fifth part for the current environment tort liability statutory exemptions related to the problems put forward legislative proposals, that is, after the establishment of the three exemptions of the basic principles of the legislation suggested that it be written to the "Environmental Protection Law" and environmental protection in order to modify a single line legislation to do according to the law, to make up for inadequate legislation.