论环境污染中企业和行政机关的责任分担模式

Analysis on Patterns of Apportionment of Liability between Enterprises and Administrative Organs in Environmental Pollution

环境污染事件发生后,企业和行政机关都可能成为损害后果的原因力,在立法空缺的现状下,可以从理论上构建企业和行政机关的责任分担模式。具体来看,行政机关在污染企业成立阶段,存在不法行政许可行为时,行政机关与企业一起承担连带责任。在企业依法成立之后,行政机关没有严格履行跟踪监管职责,从而导致环境污染事件发生的,行政机关与企业承担补充责任。环境污染事件发生后,受害人请求行政机关履行法定职责,而行政机关怠于对污染企业进行管制而导致损害进一步扩大的,行政机关和企业分别承担按份责任。

When an incident of environmental pollution occurred,the enterprise and the administrative agency may both contribute to the consequence.It’s essential to establish a pattern which distributes liability between the firm and the administrative agency so as to acquire adequate and effective remedies.It can be concluded as follows:Being against the law in administrative license,the firms and the administrative agency should abide by the joint liability.Being remiss in obligation which embodies in lack of supervision after the company has been set up,they are supposed to bear the supplement liability.When the victims request for administrative remedy when their legal right was infringed,but the executives didn’t carry out any necessary measures in reply,which lead to extended damage,they share out liability in proportion.