Research On Legal Issues Of Duties Of Environmental Torts

In recent years,China’s economy has developed rapidly,but at the same time it has brought many environmental problems.Environmental tort is a special type of tort,which has the same provisions as general tort provisions and its own unique provisions.Allocating the tort liability of several environmental polluters can not only make up for the loss of the victim,but also better balance the interests between the victim and the infringer,which is conducive to economic development and sustainable development of society,and to society Harmony and stability of order.Usually,the occurrence of environmental pollution is caused by several polluters.Due to the continuity and extensive nature of environmental pollution cases,it is very difficult to find out the specific cause of the damage caused by the victims.How to determine the responsibility of each polluter and the ultimate share of responsibility is very important.First,in environmental tort cases,legislators tend to protect the victims,implement the principle of no fault liability,and apply the system of inversion of burden of proof.In this case,the responsibility of each polluter needs to be fairly distributed in order to protect the victims.Under the circumstances,it will not cause the infringers to bear excessive responsibilities and affect China’s economic development.In order to solve the problem of the division of responsibility and the share of responsibility in the environmental pollution infringement of several people,the author starts from the following three aspects:The first part is introduction.The social background and practical significance of the content studied in this article are introduced;the opinions and deficiencies of other researchers on this legal issue are discussed,and the research methods and main contents selected in this article are introduced.The second part is a brief description of the case.The basic facts of the three cases of environmental infringement,the focus of the disputes,and the trial ideas andresults of the courts at all levels were briefly introduced.Study the three cases proposed,and extract several questions worth thinking about.The third part is jurisprudence analysis.A legal analysis of the focus of the dispute in the case.The case is used to compare and analyze the listed controversial issues theoretically and legally.The circumstances under which several people’s environmental infringements became joint infringements were analyzed separately.When several environmental polluters established joint infringements,they should bear share responsibility,joint liability or not joint liability.After taking the above responsibility method,what principle will be used to determine the final responsibility share of each polluter.The fourth part is the research conclusion and suggestions for improvement.After studying the case and academic theory,a conclusion is reached,and several perfect suggestions are put forward based on the conclusion.