Study On The Effectiveness Of Environmental Standards' Tort Law

As a public law control standard,whether environmental standards can be applied in tort law in the field of private law and under what circumstances can be applied is a controversial topic in environmental law.From a controversial point of view,the reason for the contradiction between theory and practice is that scholars mostly focus on the relationship between public law and private law,and ignore the internal mechanism of environmental pollution and the difference in social hazards of different pollution.Although some scholars have re-explained the effectiveness of the environmental standard tort law from the perspective of environmental risk control,they still do not explain it fully.The effectiveness of tort law of environmental standards needs to be studied from the perspective of environmental pollution.The study on the effectiveness of environmental standards tort law began with pollutant discharge standards,but in recent years,some scholars believe that the real reason for the damage caused by infringement is not that the polluters exceeded the pollutant emission standards to discharge,but that the emission caused the environment As the quality declines,it is necessary to further study whether the study on the effectiveness of environmental tort law needs to focus on environmental quality standards and exclude pollutant discharge standards.As to whether environmental standards are effective in the constitution of illegal elements,the situation of environmental pollution is very complicated,and environmental pollution needs to be divided into different types for discussion.According to the characteristics of pollutants and the characteristics of pollution diffusion,pollution can be divided into physical pollution,chemical pollution and biological pollution.Based on the source of the three types of pollution and the process of causing damage,the three types of pollution are classified into substantial pollution and fictional pollution.In the act of substantial pollution infringement,pollutants often have the characteristics of accumulation,diffusion,and latentity.From the perspective of balancing interests,meeting pollution discharge standards alone cannot achieve the control of pollutants.The no-fault liability principle applies,negating the effectiveness of the compliance defence.In the act of falsified pollution infringement,because the pollutants do not have the characteristics of cumulative and diffusive,and the process of their infringement is relatively simple,the damage is relatively mild,and their status is relatively balanced,the effectiveness of a compliance defence can therefore be recognized by applying environmental standards.Regarding whether the environmental standard has legal effect in the determination of causality,if the environmental standard is used as a threshold for entering into the determination of causality,the environmental standard should have the effect of tort law.However,in practice,due to the incomplete formulation of environmental standards and the inversion of the attribution principle,environmental standards are not necessarily applicable in the process of determining causality.Therefore,the effectiveness of environmental standards in determining causality should be discussed separately from whether pollutant emissions meet relevant standards.In order to solve the inconsistency between theory and practice,we should start with the environmental standard system,improve the formulation of the main body,improve the revision mechanism,and should clarify the type application of the principle of environmental tort liability,and combine theory and practice effectively and unified Give full play to environmental standards in tort liability.