试论我国环境责任的重构

On Reconstruction of Environmental Responsibility in China

环境责任的核心是对环境利益的损害予以救济,环境责任理论构建的出发点和落脚点必须围绕环境利益展开,环境责任的定义、特性以及环境责任形式都应以对环境利益的关怀为着力点。依照此思路,文章主张环境责任的特性在于融合性和可转嫁性,环境责任形式可以概括为恢复原态、排除危害和承担损失。

The core of environmental responsibility is to relieve the damages of environmental interests. The starting point and end point in construction of environmental responsibility theory must focus on the environmental interests. The definition, characteristics and form of environmental responsibility should also focus on environmental interests. In accordance with this way, this paper advocates the characteristics of environmental responsibility lies in the nature of integration and the nature of transferability, the form of environmental liability can be summarized as restoring the original state, eliminating hazards and bearing the loss.