环境法律责任特点的分析

Analysis on Characters of Legal Liabilities in Envilomental Law

环境法律责任是环境法律适用的重要内容,它与其他法律责任相比有自己的特点:在责任要件中不仅违法要承担相应法律责任,在特定情况下无过错但造成环境危害的可能性也要承担相应法律责任,而且环境民事责任和刑事责任还有行政化的趋向。在举证责任方面强调举证责任倒置,要求加害嫌疑人举证自己无过错,而不必由受害人举证。

Legal liability in enviromental law is an important part of its enforcement. Compared with other liabilities, it characterizes its constitution of offence consisting of not only violating law but also possibility to cause harm to enviroment even without fault on partialar occasions. Moreover, civil liability and penal responsibility for enviromental damage have a administrative trend .And its burden of proof is inverse, that is ,it is not victim but the suspected inflictor who offers evidence to prove him innocent.