论环境质量标准与环境污染侵权责任的认定

On the Determination of Environmental Quality Standards and the Liability for Environmental Pollution Torts

环境质量标准兼具技术属性和法律属性,既非规章也非规范性文件,其约束力来自于援引环境质量标准的法律规范,其核心功能在于为环境质量状况提供比对依据,并与援引环境质量标准的法律规范、行政规划共同发挥设定目标、考核激励、督政问责的作用。环境质量标准具有以分类管理为理念、以整体主义为价值观和方法论、以阶段性控制目标为依据、以政策选择为结果的特征。从规范的角度分析,环境质量标准不可用于认定环境污染侵权责任。但从事实的角度分析,环境质量标准对于认定环境污染侵权责任能够发挥有限的证明作用:可为证明环境影响的消极性提供科学支撑,有助于认定加害行为要件;可在有限的范围内缓解损害要件的举证难度;可用于证明加害行为与损害之间的关联性。

The nature of environmental quality standards has both technological and legal attributes. Environmental quality standards are neither rules nor regulatory documents, the binding force of which is from the legal rules citing the standards and their core function is to provide a yardstick for measuring environmental quality and play the function of goal setting, incentivizing, and monitoring in combination with the legal rules and administrative plans citing them. The characteristics of the environmental quality standards make them take the differentiated management as the rationale, take the holism as their values and methodology, take the present control goals as the basis, and take the policy choice as the final result. From the perspective of legal norms, environmental quality standards shall not be applied in the determination of tort liabilities caused by environmental pollution. However, in the view of factual analysis, environmental quality standards have limited functions for the determination of tort liability and polluting act as scientific evidence to prove the negativity of environmental impact, and can relief the burden of proof of the between the harm behavior and damage. damage requirements and prove the relevance