Discusses The Liability Principle Of Ecological And Environment Damage

As a policy-oriented regulation,the nature of the liability for environmental damage is to endow the country with a claim right in public law nature and in private law operation.As a relief measure in private law,the liability of compensation for ecological environmental damage manifests a distinct public law attribute.It is not only very different from traditional environmental tort liability,but also very unique in the whole tort law system.The Civil Code stipulates the liability for ecological damage as the principle of fault liability,and stipulates the elements of fault as "illegal state regulations".Compared with traditional tort liability,in terms of liability composition,compensation for ecological environmental damage emphasizes more on the objectivity of the fault,and puts forward higher requirements on the damage doer’s duty of care,which increases the difficulty of proof for the right holder of compensation,so as to balance the unique gap between the right holder and the damage doer in status.However,this also leads to the difficulty of ecological environmental relief,and the ecological environment cannot get full and timely relief,which is not consistent with the system design goal of "enterprise pollution,people suffer,and the government pays".At the same time,as the overall liability for compensation for ecological environmental damage in China is not perfect,there are also conflicts and imperfections in the relevant laws and regulations,resulting in the unreasonable distribution of liability for compensation for ecological environmental damage,the cause of exemption is mere formality and other problems.Therefore,using the advanced experience of the United States,the European Union and other countries in the imputation principle of ecological damage,the establishment of scientific ecological damage compensation liability law,the ecological damage behavior according to the inherent risk classification and the use of different imputation principle,improve the specific causes of imputation and exemption.Apart from the introduction and conclusion,this paper is divided into three parts:The first part introduces the basic concept of compensation liability for ecological environmental damage.First the concept of ecological environment damage compensation liability,property,characteristic analysis,combining the characteristics of the imputation principles of ecological environmental damage compensation liability imputation principle connotation definition on the whole,at the same time,the ecological environment damage compensation liability applicable two imputation principle,connotation and features of fault liability and no-fault liability.The second part studies the current situation and shortage of the principle of liability of compensation for ecological environmental damage.At the legislative level,the elements of the violation of state regulations in the Civil Code on the liability for compensation for ecological environmental damage should be absorbed by the fault,and the "violation of state regulations" requires the actor to have a higher standard of duty of care.The author introduces the significance of the principle of fault liability to judicial practice by selecting three influential cases through case analysis.This paper introduces the compensation system of ecological environment damage under the current legal system,affirms its innovation and explains its deficiency.In practice,the existing principle of one-size-fits-all imputation is beneficial to balance the status gap between the right holder of compensation and the dangerous actor,but it does not conform to the value pursuit of ecological damage compensation relief environment and prevention first.Therefore,it is necessary to further improve the existing principle of imputation.The third part adopts the method of comparative law to study the legal provisions and the balance of interests in the liability part of ecological damage compensation regulations in the United States,the European Union and Germany.In today’s society,the research on ecological damage compensation system in the United States and the European Union is relatively complete.It is helpful to improve the compensation system of ecological damage in China by comparing the difference of compensation system of ecological damage in China with that of other countries to understand its successful experience.The fourth part,based on the value pursuit of the liability for ecological damage and the practical experience of the liability for ecological damage outside the territory,the author puts forward reasonable suggestions for the improvement of the liability for ecological damage in China.In combination with the deficiencies of existing systems and the provisions of extraterritorial legislation,the author proposes to establish a scientific law of ecological damage compensation liability,classify ecological damage behaviors according to their inherent risks,use different imputability principles,and improve the specific causes of imputability and exemption.