Study On Judicial Application Of Benefit Measurement In Environmental Civil Tort

Environmental tort litigation involves numerous and complex interests disputes,resulting in judges in judicial decisions,left and right weighing difficult.As a legal methodology,interest measurement is beneficial to resolve cases where conflicts of interest are fierce and judges are difficult to decide.This article starts from the connotation of interest measurement,expounds the concept of interest measurement,the essence of interest measurement,the characteristics of interest measurement,and illustrates the necessity of interest measurement from the perspective of loopholes and delays in law.And from the benefit measurement principle and the method level to define the benefit measurement application situation.Summarizing the development and application of the principle of measuring interests of the United States and Japan,and the development of relevant theories in the field of environmental infringement,and drawing on the experience of the application of the theory of measuring interests of the United States and Japan in judicial practice,summing up the enlightenment to China.The United States injects the thinking of law economics in the measurement of interests in environmental litigation,pursues the limited allocation of resources and realizes the rational use while pursuing the maximization of efficiency.The United States judges weigh various interest factors in the course of the case and choose different ways of responsibility.The United States 'interest measurement method is more flexible in the administration of justice,and it often makes cases.The Japanese public pollution lawsuits are frequent,so the theoretical and practical development in the field of the environment is more abundant and complete.The basic theory in the measurement of interests in Japan's environmental litigation is the theory of tolerance limits,and the tolerance limit is used as an illegal element.And clearly distinguish between the prohibition request and the damage compensation request,and pay more attention to the public nature when applying the prohibition request.In order to further integrate the judicial practice of environmental tort in China,this paper collected 52 cases of environmental pollution tort from 2014 to 2018 as samples for empirical research on the situation of the plaintiff and defendant in the lawsuit,the lawsuit request,the judgment documents,and the judgment results.We also analyzed,screened and summarized the relevant data on causality,the existence of Torts,the way in which liability is borne,and the judicial appraisal of the environment in cases of environmental pollution.Based on the case,the paper analyzes the application status of interest measurement in environmental tort cases in China: when judges apply interest measurement,It adopts the least harmful treatment method,the priority protection of basic rights and interests in different levels of conflicts of interest,the exhaustion of other options,and the application to the theory of tolerance.It also points out that the application of interest measurement method in environmental tort cases in China is insufficient and flawed,judges have weak expertise in the field of environmental tort,and judges in environmental tort cases rely too much on environmental identification and lack of subjective initiative.The lack of rational explanation of interest measurement,the single form of civil liability,the difficulty of unification of interest measurement elements in judicial practice;At the same time,it also put forward a perfect method for the judicial application of the interest measurement theory in the case of environmental civil infringement in China: strengthening the expertise in the field of environmental civil infringement of judges,mobilizing the environmental judicial initiative,regulating the express measurement of interest,and enriching the specific forms of excluding infringement.Identify relevant elements and steps for measuring benefits.