System Research On Civil Liability For Environmental Damage In China

Facing the increasingly ecological crisis and environmental challenges,the establishment and improvement of civil liability for environmental damage,as an important component of the environmental legal liability system,is of great significance to accelerate the reform of the ecological civilization system and solve the ecological environmental problems in China.Based on the analysis of related concepts,the civil liability for environmental damage is the unfavorable burden that the doer should bear for the environmental damage.The theoretical basis of this system mainly includes public trust,polluter-pays principle and so on.Because environmental tort system is difficult to apply,the effect of administrative law enforcement relief is poor,and criminal liability is difficult to achieve the goal of ecological restoration,it is necessary to construct this system.It should be noted that the environmental damage discussed in this paper is limited to situations with realistic damage consequences.Because it does not contain the danger of damage,the preventive liability is excluded when discussing the constituent elements of liability and the way of taking responsibility,and the main scope is limited to the liability of repair and compensation.China’s environmental damage analysis of the status quo of civil legal liability system is mainly embodied in environment and resource legislation of civil liability provisions of a brief combing,civil environmental public interest litigation and the environmental damage compensation litigation mechanism of cohesion,ecological restoration of the constitutive requirements of justice take shape and extension of environmental damage compensation liability.The main problems of this system are the deviation of the legislative mode of regulation by private law approach,the constitutive elements of liability including the principle of imputation,the determination of damage facts,and the applicable rules of causality need to be clarified,the way of responsibility taking mainly repair responsibility and compensation liability is controversial,and the judicial relief system of environmental public interest under the three-way mode needs to be clarified urgently.By comparing and referring to the experience of the expansion of the concept of damage from the Superfund Law of the United States,the Environmental Damage Law of Germany and the Civil Code of France,it is suggested to improve the concept from the following aspects:First of all,in terms of the legislation pattern,special civil legal norms are set up and special legislation is adopted in the public law system to remedy the environment.At the same time,a clause of cohesion is added to the Civil Code.The norms of civil liability in environmental law system need to be coordinated.Secondly,in terms of constitutive elements,the principle of imputation is applied in different ways,and the fault principle is the main one.At the same time,the three-step damage fact determination method is clarified.The application of causality should adopt the rule of presumption.Thirdly,on the methods of responsibility,the liability for repair and the liability for compensation are parallel,but the former has the priority of application.On this basis,the scope 、 standard and method of restoration as well as the specific scope of compensation liability expenses should be clarified.Fourthly,on the way of relief,the existing environmental civil public interest litigation system should be removed,and "environmental damage compensation litigation" should be changed into "environmental damage public interest litigation".