“从个人损害到社会损害”——论环境侵权归责原则的社会化

From Indioidual Damage to Social Damage——On the Socialization of the Imputation Principle of Environmental Tort

随着各国环境侵权法律实践的发展,环境侵权的归责原则演绎出“过失责任-公平责任-无过失责任”的社会化之路。即所谓“从个人损害到社会损害”,主要表现为无过失责任原则的兴起。无过失责任具有过失责任和公平责任所无法替代的独特价值,适应了时代的发展和社会的需求。目前各国立法均致力于通过实体法途径,对归责原则作出调整,在环境民事责任领域确立无过错责任归责原则来加强对环境侵权案件中受害人权益的保护。

As the development of legal practice of environmental tort in the countries,today＇s imputation principle of environmental derives from the socialized process which the experiences of imputation principles are from fault liability into fair responsibility into liability without fault. Namely the process, which is represented by the emergence of liability without fault, is from personal injury to social loss.The principle of liability without fault ,which can not be taken the place by the others, has special significance, because it meets the social requirements and the development of today＇s times. At the present, the countries have committed the adjustment of the imputation principle through the legislative activities of the material law. Therefore, we should set up the imputation principle of liability without fault in the field of environmental civil liability, where it can strongly and conveniently protect victim＇s right.