论环境法律责任

On Environmental Legal Liability

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中责任形式。多种责任形式的存在决定了追究环境法律责任不应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的关键。

As compositive legal liability, the environmental legal liability comprises the types of liability modality : civil environmental liability, executive environmental liability and criminal environmental liability, which results in uniting doctrine of liability fixation, but the relative ones can be used in the investigation of environmental legal liability, so as to fulfill the fixation of environmental legal liability. The key point of solving the problem of concurrence of environmental legal liability is that the three modes of environmental legal liability are harmoniously applied and the systematic mechanism of environmental legal liability is constructed.