论环境侵权民事责任的构成要件及其责任范围

Elements and extent of civil liability of environmental rights infringement

关于环境侵权民事责任的构成要件存在两种学说:二要件说(损害事实、因果关系)和三要件说(违法行为、损害事实和因果关系)。过错和违法性并非环境侵权民事责任的构成要件,环境侵权民事责任的构成要件应采用二要件说。环境侵权民事责任的赔偿范围包括财产损害赔偿、人身损害赔偿和精神损害赔偿。

On the elements of civil liability of environmental rights infringement, there exist two opinions: one is the two-element theory, which includes the damage fact and the consequence; the other is the three-element theory, which includes offence against the law, damage fact, and consequence. It is presented that the two-element theory should be adopted, and faults and delinquency are not elements of civil liability of environmental rights infringement. Property damage, physical injury and sprit injury should be included in the extent of liability. It is suggested that the environmental liability system should be improved in China .