论环境法律责任

On the Legal Responsibility of Environmental Law

法律责任内涵的复杂性决定了环境法律责任概念既指法律责任形式又表征一种法律责任的实现方式。环境法律责任是综合性法律责任,包括环境民事责任、环境行政责任和环境刑事责任三种责任形式。多种责任形式的存在决定了追究环境法律责任不能适用统一的归责原则,而只能分别按照三种责任形式各自的归责原则完成环境法律责任的归结。协调适用三种环境法律责任形式,建立系统的环境法律责任机制是解决环境法律责任竞合问题的关键。

The complexity of connotations in legal responsibility determines that the concept of responsibility in environmental laws represents both a form of law duty and a way to perform it. The responsibility of environmental law, as a comprehensive legal obligation, includes environmental civil liability, environmental administrative responsibility and environmental criminal responsibility three forms. The multi-form of responsibility means that we cannot apply a unified doctrine to affixing the liabilities whereas attributing their respective blames so as to fulfill the fixation of environmental legal liability. Harmoniously applying the three liability forms of environmental law, establishing systematic responsibility mechanism of environmental law are the keys to solving the concurrence of liability problems in environmental law.