Research On Indirect Losses Of Environmental Torts

Environmental torts is a special infringement that causes loss of personal rights and property rights of others by polluting environment or destroing ecology.Environmental torts is different from traditional infringement,and the proportion of indirect losses is often higher,which makes the relief of indirect losses more important in environmental infringement cases.Both indirect losses and pure economic losses are reductions in available economic benefits.The uperordinate concept of the two is the available benefits,but the indirect losses in confirmability are higher than the pure economic losses.Indirect losses have future and expectation,and their production mechanism should be in line with the reasonable expectation of future economic interests.However,the harming behavior destroys the expectation basis and leads to the expectation of failure,resulting in legally recognized expected loss of interests.By analyzing the historical origin,certainty and computability of indirect losses,its compensability can be affirmed.In the case of identification and calculation of indirect losses in environmental infringement,the specific compensation amount can be calculated by referring to the theory of considerable causality and predictability,applying the principle of inertia and the principle of proportionality.The legislative proposal provides legislative support for the proper handling of environmental infringement cases by some wayes which include clearly stipulating citizens’ rights to environmental rights,clarifying the compensation for indirect losses of environmental torts,and clarifying the burden of proof for the identification of indirect losses of environmental torts.