Study On The Principle Of "Liability For Damage" In Environmental Law

Article 5 of the Environmental Law of the People’s Republic of China clearly regards liability for damage as the basic principle of China’s environmental law.The establishment of this principle is influenced by the polluter pay principle,and gradually evolves into the environmental law principle of our country which is both economical and effective through the continuous exploration and improvement of domestic law and policy field.The evolution of China’s principle of damage responsibility is a reference process for international advanced environmental management means,and also a deepening process of polluter pay principle on the basis of combining china’s actual situation.This process makes our country’s principle of damage responsibility rich in connotation,forming the "environmental have value,damage need to bear the responsibility" of the basic value,although as a basic principle of the case is not meaningful to the decision,but in the face of ecological damage repair liability loopholes,the principle of damage liability norms are fully activated,through guiding environmental legislation or guide legal interpretation,to make up the liability loopholes,and thus have further explore the meaning of the principle of damage responsibility.Although the "public environmental civil litigation","environmental tax system" and "ecological environment damage compensation system" have been introduced one after another,which has filled the loophole of ecological environment damage liability to a large extent,there are still shortcomings,so it is necessary to further analyze the shortcomings of the "damage responsibility principle" in the process of institutionalization and explore the corresponding optimization path.