Research On The Legal Application Of Environment And Infringement Of Environmental Impact Assessment Agency

In recent years,with the prominence environmental problems,as a direct participant in the EIA system,the environmental tort of the EIA institutions has gradually revealed.Before2015,the relevant laws and regulations of our country only limited to the administrative liability and criminal liability,but not to the civil liability.Until 2015 the new "The law on environmental protection" article 65 provides for joint and several liability of EIA institutions,but this article does not specify the scope of application,the burden of proof,the constitutive elements and the specific rules of commitment,even if it is the new one on 2015 "The law on environmental protection" after implementation,the practice of EIA institutions bear joint and several liability cases are almost zero.The reason for the above phenomenon is that 65 articles and the relevant judicial interpretation provisions do not make specific provisions on the specific application of environmental tort joint liability of EIA agencies.The thesis is divided into four parts to analyze and study the legal application of environmental tort joint liability of EIA institutions.The first part is to clarify the concept of environmental tort joint liability.Starting with the definition of joint and several liability and joint and several liability of EIA agencies,the connotation of joint and several liability of EIA institutions is analyzed.Finally,the related concepts of joint and several liability of EIA institutions are compared and analyzed.The second part is an introduction to the application of joint and several liability for environmental tort.Introduced from the legislative purposes,the relevant specific provisions of the text analysis,on the basis of the introduction of relevant cases and their implementation results,and its reasons are discussed in depth.The third part is the analysis of the difficulties existing in the application of environmental tort joint liability law.Through the analysis of 65 provisions in the scope of application,burden of proof,constitutive elements and specific commitment rules of the four aspects of the analysis,for the following text to put forward a sound path to lay a foundation.The forth part is based on the theory and practice of the first two parts,aiming at the specific problems of the third part,and put forward some suggestions.First of all,the scope of application of joint and several liability should be clarified,and we can understand the scope of application of the joint responsibility of EIA institutions from the perspective of intentionand negligence;secondly,clearly apply the inversion of the burden of proof;thirdly,to determine the main fault,tort,damage consequences and causal elements of the relationship;finally,the specific rules of the external and internal responsibility of the EIA agencies are clarified.