环境侵权的类型探析

Exploration and Aualysis of Types of Environmental Torts

环境概念的多重含义决定了环境侵权的复杂性。从受害者的范围、受侵害权益的类型、侵权救济的不同途径及其权利救济依据等角度分析环境侵权的层次,有助于获得对环境侵权的整体性认识。设定环境权并不利于解决因自由享用权利而导致的环境问题,环境义务观则应成为根本解决环境侵权问题并统辖环境法体系的理念。

The definition of environment involves levels of meanings, which makes the concept of environmental torts complicate. It's helpful to gain the unitary understanding of environmental tort that analyzes its levels from the angles of victim's range, types of encroached benefit, modes of relief and the foundation of relief. It's not favor of resolving the environmental problems which were incurred by abusing rights through setting up environmental rights, while the notion of environmental liability should be the fundamental idea of solving environmental torts and covering the whole environmental legal system.