外部不经济性环境行为的法律责任调整

Regulation of Legal Liability on Diseconomical Exterior Environment Action

从环境行为外部不经济性理论的产生、政府对外部不经济性环境行为进行干预的经济学基础两方面分析 ,环境法律责任的经济学基础是环境行为对环境产生的外部不经济性。基于此 ,政府必须利用法律责任对外部不经济性环境行为进行干预 ,甚至通过环境民事。

In this article, a comprehensive study is made on economic basic of legal liability caused by action that causes environment diseconomical from the aspects of coming into being of theory of diseconomy of exterior environment caused by environment action, the economic basic that government intervenes environmental action that cause environment degenerated. The result shows that the economic basic of legal liability is diseconomy of exterior environment caused by action that causes environment degenerated. Based on necessity that government intervenes action that causes diseconomy of exterior environment with legal liability is studied, legal liability and administrational and criminal responsibility that adjust action that causes diseconomy of exterior environment are expounded.