The Law And Economics Analysis Of The Imputation Principle Of Environmental Tort

Tort is a kind of human behavior that is extremely close to economic interests.Environmental tort as a special type of infringement,is the "byproducts" in the production and living.All kinds of tort behavioral motives may be different,but the vast majority of environmental tort acts are aimed at reducing production costs and obtaining economic benefits.Therefore,the use of economic methods to study the problem of environmental tort has corresponding advantages.Environmental accidents can cause serious social losses,and the principle of imputation has a significant effect on making up for loss of victims and deterring the tort of infringers.Therefore,it is of great practical significance to study the principle of environmental tort liability.After the analysis of the principle of environmental tort liability,this paper points out which is the best one combined with the environmental concepts of justice.It is the principle of strict liability basing on negligence with the defense of comparative negligence.As the current implementation of environmental infringement in China is the strict liability basing on negligence with the defense of comparative negligence and fault liability principle combined with the principle of dual responsibility system,there is room for improvement.In addition to the conclusion,this paper is divided into five chapters to discuss:The first chapter is the introduction of this article,introduces the background of this topic and the significance of the study,the status quo at home and abroad and the research methods used in this paper.The second chapter gives an overview of the principle of environmental tort liability,first introduces the environmental tort and its essence,and points out the controversy over the application of environmental tort liability in the application of law and doctrine.The third chapter introduces the law and economics research methods of the principle of environmental tort liability,including the introduction of the definition of law and economics,the methods and the concepts used in the analysis,and sets the efficiency goal of the principle of environmental tort liability.The analytical model of this paper is established.The fourth chapter analyzes the principle of liability for environmental tort,analyzes the principle of negligence liability and the principle of strict liability and its variants,and then analyzes the incentive of the principle of imputation under the alternative prevention situation and the judicial costs under the principle of imputationIn the fifth chapter,after summarizing the principle of imputation,this paper puts forward the optimal legislative setting of the principle of environmental tort liability by combining the concept of environmental justice.