Study On The Role Of Ecological Environmental Quality Standard In The Determination Of Tort Liability For Environmental Pollution

Ecological environmental quality standards stipulate the limits of pollutants allowed to exist in the environment,which is the basis for judging whether the environment is polluted or not.They provide scientific and specific criteria for judging the uncertain concept of environmental pollution,and play an important role in the determination of tort liability for environmental pollution.Ecological environment quality standards are often appeared in the pollution of the environment infringement case,the attitude is not the same,but different court some think it is the environment pollution tort liability constitute an indispensable part,some think that the ecological environment quality standard is only part of the government’s efforts to achieve environmental objectives,don’t work in the field of tort law.In order to study the role of ecological environmental quality standards in the determination of tort liability for environmental pollution,the concept,category and nature of ecological environmental quality standards are firstly analyzed.The clear definition of basic theories is the basis for discussion.There are positive and negative views on the role of ecological environmental quality standards in the determination of tort liability for environmental pollution in the academic circle,and scholars put forward their own theoretical basis to demonstrate their views.The court is also confused about the application of eco-environmental quality standards when trying cases.The main reason for the huge differences on the role of ecological environmental quality standards in the determination of tort liability is that there is no categorization analysis of environmental pollution infringement.Therefore,in order to better analyze the role of ecological environmental quality standards,different types of pollution are analyzed respectively.Affirming the role of ecological environmental quality standards in the determination of environmental pollution tort liability can provide certain help for the trial of cases.In order to solve the confusion in the trial of cases,it is necessary to find a feasible path for ecological environmental quality standards in the determination of environmental pollution infringement cases.Ecological environmental quality standards are the basis for judging the existence of pollution facts.Therefore,environmental pollution facts are taken as the connection point to connect the behavior of environmental pollution and damage results.The fact of environmental pollution has become an important part of the causal relationship.There are some problems in the application of eco-environmental quality standard,which affect its function,so we need to take measures to make the eco-environmental quality standard can better play its effectiveness.This paper classifies the role of ecological environmental quality standards in the determination of environmental pollution infringement,and the role of ecological environmental quality in the determination of different types of environmental pollution infringement liability is different.However,it is certain that in order to play the role of ecological environmental quality standard in the determination of environmental pollution tort liability,the premise is that the establishment of ecological environmental quality standard itself should be scientific and reasonable.If the eco-environmental quality standard itself is inadequate,then the legitimacy of its judgment of environmental pollution will be questioned.If it is applied to the trial of environmental pollution cases,it will cause adverse consequences.Therefore,it is necessary to protect the scientific nature of the eco-environmental quality standard from various aspects.