Study On Preventive Responsibility In Environmental Pollution Tort

Environmental pollution and ecological damage caused serious environmental problems, environmental pollution tort liability frequent disputes in our country, how to conduct timely and effective relief to the victims, the prevention of environmental damage occurs, is an important problem of environmental pollution tort relief system shouldbe faced. Environmental pollution is a special kind of tort against the state which has long-term, sustained, indirect, extensive features, consequences of the damage is very seriously and difficult to discovered, difficult to recovery,money compensationcan notachieve the purpose of Legal Remedies. Therefore, in order to focus on relief for damages of traditional tort relief system can not effectively remedy the victims, preventive responsibility can be "preventive measures", prior to take some effective measures to avoid the loss of the victim expand more in line with its interests maximize.Undertake environmental pollution tort liability preventive methods are mainly: stop the infringement, eliminate the danger, scholars believe that the responsibility of these three ways is roughly equivalent to the Environmental Pollution Control Act to exclude hazards. Legislation concerning the provision of preventive responsibility inconsistency, lack of the way of responsibility, the judicial practice often ignore the preventive responsibility apply. United Statesof American, France and Japan in the theory of environmental tort remedy legal system, practice and more representative reference, when they have paid attention to the interests of responsibility applicable preventive measure, limit the use of bear theory, focusing on civic duty and Citizen Protection of Environment administrative and judicial involvement, and provide for the liability of the way has to reconcile.China should according to their own development and national needs, local conditions, toimprove the legal system of environmental tort relief. First, the rich should bear the responsibility for preventive manner, taking into account the precautionary duty to fulfill the "alternative way bear" is not the time, so the judge in judicial practice applied flexibly; secondly, because the results of preventive liability established requirements without causing actual harm, such judge judgment on the results of over-reliance on scientific evidence, should establish reasonable criteria; again, the qualification request to assume responsibility for preventive practice can not meet the demand, should be appropriate expansion; in addition, due to the particularity, the statute of limitations infringement of environmental pollution shall not conducive to the victim preventive liability claims, and the rights of victims is difficult to carry out effective relief; and finally, the court to assume responsibility for the follow-up of preventive supervision of the implementation of effective judgment should also be improved. We should be possible to build a prevention-centered environment tort relief system to prevent occurrence of the damage, the protection of life, property and environmental rights of citizens.