Study On The Legislation Of Joint And Several Liability Of Eia Agencies

Before 2015,the scope of legal liability undertaken by eia agencies was limited to administrative liability and criminal liability,and did not involve the liability for possible civil tort,so that the rights and interests of the victims could not be effectively protected.Article 65 of the environmental protection law of the People's Republic of China(hereinafter referred to as the environmental protection law),which came into force in 2015,stipulates that eia agencies should bear civil liabilities.However,the legislation does not further clarify the principle of imputation,whether the elements of tort liability has its special arrangement and so on.As a result,in judicial practice,it is rare for the court to judge the eia agency to bear civil liability from the perspective of civil tort in this type of case,which finally leads to the nullification of this regulation and the legal rights and interests of the victims cannot be properly protected.Appear the phenomenon of the reason is that: first,the imperfection of legislation level,only a framework of rules without specific implementation rules,lead to a lack of clear guidance in the judicial practice,based on the judicial discretion and judicial judge responsibility for life after the reform,the court when the trial of such cases it would only be conservative;Second,with the continuous work of eia agency salustro zhongrui,the original mass into the eia agency for institution legal person enterprise legal person,although to a certain extent,is conducive to the eia market full of competition,improve the quality of eia,but because of the lack of a reliable credit endorsement and effective supervision and administration institution,and to a certain extent,which reduces the eia agency to make the credibility of the eia report,unfavorable to the unity of the judicial referee;Thirdly,as an organization that is light on assets and heavy on people,the ability of eia institutions to bear the risk of eia still needs to be considered.In order to give full play to the effectiveness of article 65 of the environmental protection law,the civil liability of eia agencies should be fulfilled,and the legitimate rights and interests of victims should be fully protected.From the perspective of tort liability,this paper first clarifies the organizational form of eia institutions,and makes clear that the joint and several liability of eia institutions belongs to the responsibility of experts.Secondly,on the basis of expounding the development of eia institutions from administrative responsibility,criminal responsibility to civil liability,this paper further discusses the legislative orientation of eia institutions,and further analyzes the specific imputation principle and constitutive elements of joint and several liability of eia institutions.Thirdly,although it has been clearly stipulated that eia agencies should bear joint and several liability,the limited liability company system of eia agencies may still lead to their joint and several liability cannot be implemented,unable to achieve the legislative purposes,unable to achieve the requirements of punishment,prevention and compensation.So,in order to ensure the realization of the legislative purpose,protect the legitimate rights and interests of victims,suggested that the eia agency organization form of the use of special ordinary partnership,the eia institution to a certain extent,can bear unlimited joint and several liability,so more in line with the eia of industry in the legislative provisions,can promote the efficiency and the realization of self-discipline,and conducive to the implementation of joint and several liability.