Study On The Tortious Validity Of Pollutant Discharge Standard

With the deepening of the integration of public law and private law,their norms are no longer in absolute separation.It has become a theoretical consensus that environmental standard as a kind of regulative norm in public law shall have tortious validity by way of conversion.From the perspective of Niklas Luhmann's system theory,we can fully explain how the environmental standards be valid in tort law exactly,.Tortious validity of the environmental quality standard and tortious validity of pollutant discharge standard are two opposing views in theory nowadays.Only the environmental standard which stipulates the duty of care should has tortious validity.Environmental quality standard is a kind of administrative object,and does not have the function of setting up the duty of care while pollutant discharge standard does.Generally speaking,the tortious validity of the regulative standard is to be put on the fault element and the illegal element to consider in academic.The tortious validity of pollutant discharge standard is embodied in both the establishment and the burden of environmental tort liability.The tortious validity of pollutant discharge standard should be put into consideration in each constitutive element of environmental tort liability as well as the burden of environmental tort liability.Inaddition,the tortious validity of pollutant discharge standard will be different due to the field of material pollution or energy pollution,environmental public interest litigation or environmental private interest litigation.In terms of the burden of tort liability,pollutant discharge standard may affect the manner of liability undertaking and the amount of compensation.