日本复合污染侵权责任制度及其启示

Liability System and Its Inspiration of Combined Pollution Tort in Japan

阐述了日本复合污染侵权责任制度经过长期的发展,确立了以民法共同侵权理论为基础,由数加害人承担连带责任的复合污染侵权责任承担制度。在具体的案件中,根据不同的情形,灵活运用因果关系推定原则,减轻受害人的举证责任,全方位地保障了受害人的合法权益。指出我国应借鉴日本复合污染侵权责任制度的先进成果,逐步确定因果关系推定原则,并通过制度设计进一步实现举证责任的合理分配,构建以连带责任为主导,按份责任以补充的责任承担制度。

After the long-term development, Japan has already established the liability undertaking system of combined pollution tort based on the joint tort theory in civil law and the joint responsibility taken by many offenders. In the specific case, according to the different situations, the system flexibly uses the principle of causality presumption, alleviates the production burden of victims, and protects a full range of the legitimate rights for victims. Learning from Japanese successful experience in liability system of combined pollution tort, the principle of causality presumption should be set up gradually in China. The reasonable distribution of production burden should be further achieved by means of system design, and the undertaking system of liability about joint responsibility as the dominant and shared liability as the supplement should be built.