关键词： 民法典, 环境污染责任, 归责原则, 拟制型污染, 实质型污染

Abstract: Article 1229 of the Civil Code (Draft) provides the imputation principle of damage caused by environmental pollution.According to the previous popular theory and the judicial interpretation of the Supreme People's Court,all types of pollution torts should apply non-fault liability,and compliance defense is excluded.However,this unified viewpoint ignores the inherent differences in various pollution behaviors,as well as the resulting social and legal effects differences,so that no-fault liability can only be applied in some cases of pollution infringement such as noise,light and electromagnetic radiation.In order to maintain the stability and authority of the Code,a restrictive interpretation of "environmental pollution" in Article 1229 should be made to only cover the damages caused by the tangible pollutants.As a "legal fiction of pollution",energy emissions do not cause the pollution to the environment itself and therefore do not meet the applicable conditions of Article 1229,and should be treated as a general tort.At the same time,Article 294 should be treated as a declaration clause that has no substantive normative effect,so as to eliminate the possible competition between environmental pollution torts and adjacent pollution infringement.

Key words: civil code, environmental pollution torts, imputation principle, fictional pollution, substantial pollution