Research On Joint Liability Of Environmental Assessment Institutions In Environmental Tort

As far as the judgments of the Environmental impact assessment(EIA)agencies in judicial practice are concerned,their administrative or criminal accountability cannot provide economic compensation for victims of environmental infringement.In order to provide more adequate protection for victims of environmental infringement,Article 65 of the Environmental Protection Law has included the EIA agency within the scope of the main body of environmental tort damage compensation,requiring the EIA agencies to falsify and cause environmental pollution in the EIA service.The serious consequences should be jointly and severally liable with other responsible persons.In a typical civil infringement civil legal relationship,the assessed enterprise,that is,the pollutant discharge enterprise is often the main responsibility subject,and when the environmental assessment agency issues serious and inaccurate EIA documents and other acts that also provide reasons for the environmental pollution infringement facts,the environmental assessment agency The specific responsibility of the joint responsibility should become a problem that cannot be ignored.This article is based on this focus in detail,with a view to providing some inspiration for research in this area.First of all,the author analyzes the legal status of the “social intermediaries” of the EIA institutions,compares the regulation of the accounting industry and the lawyer industry with practitioners and corresponding practicing institutions,and explores the difference between the EIA agencies and other social intermediaries,and the public interest of the EIA institutions.It is decided that in the process of conducting the EIA service,it is inevitable that a balance needs to be struck between the interests of the public environment,the interests of the evaluated enterprises,and the interests of their own development.Once a large number of company-wide environmental assessment agencies have broken this balance,they will have serious consequences for infringing on the interests of society and the interests of citizens and property.The liability of infringement and joint liability cannot be separated from the understanding and analysis of the relevant laws and regulations of the Tort Liability Law.However,the author finds that the provisions of the Tort Liability Law for environmental torts do not apply to the illegal activities of environmental assessment in environmental infringement.The legal basis for the joint assessment responsibility of the EIA agency is Article 65 of the Environmental Protection Law.The author has carefully analyzed the law and relatedregulations,focusing on the specific meaning of “fake and falsification” and believes that other The act of falsification is included in the semantics of the law.Secondly,the author analyzes the relevant cases and enumerates the case of Li Rong.It is found that although the evasive behavior of the EIA has occurred repeatedly and even caused serious consequences,the rate of involvement in environmental infringement cases is extremely low.So far,the author has not yet Find jurisprudence in the judicial practice to pursue joint and several liability of the EIA agencies.However,the joint assessment responsibility of environmental assessment agencies in environmental torts is conducive to strengthening the protection of environmental tort victims,curbing the derogatory behavior of environmental assessment agencies,and ensuring the independence of environmental assessment agencies.Therefore,it is imperative to improve the legal provisions in this field as soon as possible and provide a reliable legal basis for judges and judges.Thirdly,the premise of the joint assessment of responsibility by the EIA agencies is to clarify the "commonness" problem in environmental joint infringement,mainly subjective,objective and compromised.When I settled on the environmental infringement of the EIA agency,the author believes that the application of compromise is more reasonable.What kind of joint responsibility should the EIA agency bear in the environmental infringement,which can be divided into two situations: “ the EIA agency's fault + the assessed enterprise is not at fault” and “the EIA agency's fault+ the assessed enterprise's fault”.In the first case,the EIA agency has to bear the responsibility of not being jointly and severally liable,while the latter case is responsible for the ordinary joint and several liability,and the determination of the share between the responsible entities and the exercise of the recovery right under different forms of responsibility are also Different.Finally,the author puts forward some suggestions for the joint responsibility of the EIA agencies in environmental infringement from both the legislative and judicial aspects.Legislation can learn from the concept of US limit compensation,giving priority to ensuring that the Infringed person's interests are compensated.It should also enrich the EIA agency's “falsification” on the basis of Article 65 of the Environmental Protection Law and the current judicial interpretation.In addition,it is also possible to consider making a single chapter on the responsibility of the EIA agency when systematically enacting the regulation of social intermediaries.In judicial practice,environmental tort victims should be allowed to use joint litigation or sequential litigation to better protect their rights and interests,and judges should also be heldaccountable when there is evidence that the EIA agency does have “falsification”behavior.And carry out full reasoning.