The Principle Of Enforcing Accountability For Damage

Along with the rapid development of the of economic level,environment also seem to be more prominent.Concerns about environmental protection have a significant increase than before,environmental legislation has made considerable progress,and environmental protection work has been strongly carried out.Environmental Protection Law of the People’s Republic of China was revised in 2014 and Article 5th:Environmental protection shall adhere to the principles of giving priority to protection,focusing on prevention,conducting comprehensive treatment,engaging the general public,and enforcing accountability for damage.This is the first time for the declaration of basic principles of environmental protection law.And the principle of enforcing accountability for damage is a guiding principle in dealing with environmental pollution and ecological damage.The consistency of rights,duties and liabilities as well as the idea of sustainable development are the legal basis of the principle of enforcing accountability for damage.The theory of externality is the economical basis.As the preform of the principle of enforcing accountability for damage,polluter-pays principle changes from economic principle to environmental legal principle.There are different expressions about the principle of enforcing accountability for damage in different period of environmental law policy.As time goes by,its meaning and requirements keep changing.From the earliest polluter handles to the later polluter pays,and finally the expression changes to the principle of enforcing accountability for damage established.This process reflects that the one who is supposed to undertake the liability is increasing,the range of liability continues to extend and the forms undertaking the liability become more and more various.The principle of enforcing accountability for damage is written in the environmental protection law shows that environmental protection work in China is becoming much more improved.The principle of enforcing accountability for damage can simply be summarized,that the one who damages the environment or is likely to damage the environment is supposed to undertake the liability.Environmental damage refers both to the environmental tort liability and the nuisance to the environment.The liabilities can be divided into two parts,the precautionary liability and consequent liability.precautionary liability means that in order to prevent environmental damage occurs,the one who may cause environmental damage need to do something.Consequent liability means the one who already dagames the environment need to eliminate the damages.The one who should undertake the liability may be the government and the staff of government agencies,the natural person,legal and other organizations who have caused environmental damage,as well as the agencies providing environmental services.The range of liability includes not only environmental damage and environmental tort,but also the one who is likely to cause damage to the environment.In connection with the precautionary liability and consequent liability,the forms undertaking the liability is diverse.As for environmental tort,joint liability is needed in order to relieve the victims.To solve the damage left over by history,firstly it is necessary to clear that strict limitation of prosecution is needed to guarantee the liability.When it is impossible to ensure the body who is liability,the state should bear the remedy liability.In addition,environmental damage compensation fund system and environmental damage liability insurance system can be used to solve the damage left over by history.Systems are needed for the principle of enforcing accountability for damage so that it can play a role.The system of environmental standard,the system of environmental protection plan,the system of environmental impact assessment and environmental protection tax are the institutional supports for precautionary liability.And the system of ecological restoration,the system of ecological environment damage compensation and environmental public interest litigation are the institutional supports for consequent liability.