环境侵权侵害排除责任研究

A Study on Injunction of the Environmental Tort Liability

在环境侵权诉讼中,在适用损害赔偿责任方式的同时,适用能够充分发挥环境侵权民事责任的抑制和预防功能的侵害排除责任方式尤为重要。因此,我国应尽快制定《环境侵权民事责任法》,以解决我国现行法律规范中存在的问题;与此同时,法院应采取阶段性利益衡量论以决定是否适用侵害排除责任方式。

In the environmental tort cases, during applying the forms of the compensation for losses, it ＇ s also very important to apply the forms of injunction which has the functions of restraint and prevent beforehand in the environmental tort liability. Therefore, our country should make The Law of the Environmental Tort Liability as soon as possible to solve the problems that existing in our laws and regulations in effect. In the same time, the court of justice of our country should adopt the theory of the judge to the benefit in order to decide whether or not to apply to the form of injunction.