Judicial Application Of Environmental Tolerance Obligations

The obligation of environmental tolerance plays an indispensable role in reducing environmental disputes and resolving environmental legal disputes.The obligation to tolerate environmental is derived from the obligation of tolerance in civil law,but there is also a certain difference between the obligation of tolerance in civil law,and there is also a fundamental difference between the method of eliminating environmental conflicts and the principle of prohibiting the abuse of environmental rights and the grounds for illegal obstruction in environmental infringement.The conflict of environmental rights and the theory of environmental obligations establish the basis of environmental tolerance obligations from the perspective of genesis.In the process of judicial practice,due to the lack of clarity in the provisions on environmental tolerance obligations in existing legislation,the confusion between neighboring pollution infringement disputes and environmental tort disputes,and the lack of corresponding attention to environmental tolerance obligations,the judicial application of environmental tolerance obligations still has problems such as narrow subjects,vague application standards,and imperfect relief mechanisms for environmental tolerance obligations.On the one hand,with the development of the theory of environmental tolerance obligations,its scope of application has gradually expanded from neighboring relations to the entire environmental governance system,and the applicable subjects have also shown a trend of expansion from natural persons to administrative organs.On the other hand,as the object and content of environmental rights expand,the obligation to tolerate environmentality will be curtailed.Overall,the connotation and extension of environmental rights and environmental tolerance obligations are constantly changing.The standards for judicial application of environmental tolerance obligations mainly include legality standards and rationality standards,legality standards mainly consider existing laws and regulations and mandatory environmental standards,proportional principles,and legal behaviors in the sense of administrative law,and the rationality standard needs to comprehensively consider regionality,temporality,public welfare,maximum protective measures taken,customs and habits,etc.,so as to form a dual structure in which legal provisions and judges’ discretion are in the sense of master and subordinate.When the maximum limit of environmental tolerance obligation is exceeded,it is necessary to ensure that the environmental rights and interests of the obligated subject are fully remedied.In addition to mediation,reconsideration,litigation,etc.,conventional judicial remedies can also establish a harmonious environmental judicial relief system.Unconventional remedies can refer to the Japanese administrative ADR system for environmental disputes,establish a specialized agency for resolving environmental disputes within administrative organs,and improve the handling of environmental disputes through environmental administrative rulings,environmental administrative rescue systems,environmental liability insurance,etc.In addition,as the codification of environmental law progresses,the practical necessity of environmental tolerance obligations should be fully taken into account and could be included in the General Provisions of the Environmental Code.