关键词： 侵权法生态化限度, 判断模型, 环境侵权, 利益衡量

Abstract: The ecologicalization of tort law is necessary to meet the needs of the times,but it should be properly restricted.The binary model of function and degree can be used to judge the limit of the ecologicalization of positive law.If the function of positive law is judged to protect public welfare,it can be considered to exceed the ecological limit,because the function of tort law as private law is to protect personal interests;if it is to protect personal interests,it will be decided whether this law satisfies the ask of degree then.According to the binary judgment model,the legislative evaluation of the imputation principle,causality,liability and exemption reasons stipulated in the Civil Code is that the overall ecologicalization exceeds the limit.Considering the nature of interests and the logic that environmental torts can be divided into indirect and direct modes,the existing rules should be improved correctly by means of judicial interpretation.Firstly,the principle of fault liability should be applied to the direct environmental torts and the indirect environmental torts are subject to the principle of presumption of fault when the property rights are damaged.Secondly,the presumption of causality shall not be applied to the direct environmental infringement,and when the right to health or the right to life is impaired,the requirements for certification standards shall be reduced appropriately.Thirdly,the rules of the punitive damage should be explained strictly.Finally,the provisions on the exemption of liability of gross negligence and others shall be added to the victim's fault rules,and the tortfeasor should be exempted from the middle liability when the third party causes the harm completely.

Key words: ecological limit of tort law, judgment model, environmental tort, interest measurement