对环境民事责任无过错责任制度的法理分析

Legal Analysis of Liability Without Fault to be Applied for Civil Liability for Environmental Tort

现代世界各国包括中国大都把无过错责任原则作为环境侵权民事责任的归责原则。其法理基础在于:日益严重的环境污染给受害人带来了损害并引发一系列严重的社会问题,而许多污染行为却并无过错甚至合法;传统民法过错责任原则难以对环境侵害提供充分、有效的救济,因而要求在环境侵权领域适用无过错责任原则。同时,无过错责任原则的出现和广泛适用作为对过错责任原则的补充和修正,也是和20世纪法律由个人本位发展到个人本位与社会本位并重的过程相一致的。在现代侵权行为法中,无过错责任已成为一项基本归责原则,与过错责任原则一起构成现代侵权行为法的基础。

Most states now in the world including China regard the principle of liability without fault as the doctrine of liability fixation for civil liability for environmental tort. The legal philosophical basis lies in: The ever deteriorating environmental pollution brings harm to the victims and results in a series of serious social problems. But many acts of environmental pollution are without fault or even legal, so it is hard for the principle of fault liability in conventional civil law to provide sufficient and efficient remedy. Therefore, principle of liability without fault is required in the field of environmental tort. Mean while, as a supplement and amendment to the principle of fault liability, the appearance and application of the principle of liability without fault is in accordance with the process and the development of law in the 20th century, which form personal standard to the balance of personal and social standard . In modern law of tort, the principle of liability without fault has already become a basic doctrine of liability fixation, together with principle of fault liability, it has constituted the base of modern law of tort.