Study On The Application Of Restitution Liability In Environmental Tort

With the continuous development of China's economy,environmental problems are becoming more and more prominent.The number of cases caused by environmental torts is increasing year by year.It is of great significance to apply the liability of restitution in environmental tort.On the one hand,it can relieve the property rights of citizens,on the other hand,it is also beneficial to protect the damaged environment and make it play its normal function.However,there are still some obstacles in the application of restitution liability in environmental tort,which are mainly manifested in the unclear definition of the connotation of restoring the environment,the unclear application criteria and the relatively single way of performance.The existence of these problems,to a large extent,restricts the application of restitution liability in environmental tort.The solution of these problems is the key to ensure the application of restitution liability in environmental tort.Firstly,the connotation of restitution in environmental tort should be defined as "the theory of rebuilding damaged interests".That is to say,for the restoration of damaged or polluted environment,the interests of victims can be compensated indirectly by directly acting on the damaged or polluted environment,so as to restore the function of the victims to continue to use the environment.Compared with the theory of ecological restoration,this view conforms to the original meaning of restitution liability in tort law,and also conforms to the principle of "liability for damage" in environmental protection law.It is beneficial to improve the feasibility of restitution liability in judicial practice.Secondly,for the standard of restitution responsibility,we should adhere to the position of "relative restitution theory",that is,to restore the polluted environment to a normal function,which is beneficial to restore the damaged environment to a balanced and stable state and can continue to be used,and at the same time,to relieve citizens' rights and interests to the maximum extent.Finally,for the application of restitution liability in environmental tort,the relationship between restitution and compensation loss should not be separated,and the relationship between restitution and compensation loss should be reasonably distinguished from each other from a dialectical point of view.In environmental tort cases,we should insist on the application of restitution liability,which can be applied to the case where the application of restitution liability is insufficient to safeguard the interests of victims or the application of economic costs is too high.Therefore,in the specific environmental torts,we can consider the overall application of these two forms of liability,so as to achieve the organic unity of protecting the environment and relieving the interests of victims.