Journal of Jishou University(Social Sciences) ›› 2014, Vol. 35 ›› Issue (4): 51-59.DOI: 10.13438/j.cnki.jdxb.2014.04.008

• Ecological and Environmental Protection Forum • Previous Articles     Next Articles

On Civil Liability for Several Persons’ Environmental Tort without Meaning Connection

 LI  Hui-Ling, CHEN  Ying   

  1. (College of Law,Hunan Normal University,Changsha 410081,China)
  • Online:2014-07-15 Published:2014-07-09

Abstract: Several persons’ environmental tort without meaning connection refers to the polluting behavior or the polluting behavior with other behaviors which cause harm to the same victim,but it is difficult to identify the practical violator.Several persons’ environmental tort without meaning connection can be divided into four different kinds according to the relation degree of the subjects,the closeness of the connecting behavior and the tightness degree between the tort behaviors and the results.They are:(1)many-behavior-one-result style caused by many subjects,(2)one-behavior-one-result style caused by the closed behaviors,(3)many -behavior-one result style caused by half closed behaviors,and (4)many-behavior-one result style caused by loose behaviors.In cases of (1) and (2),each of the offenders should take the joint and several liabilities.In case (3),each of the offenders should take the joint and several liabilities according to the results,except that the victim himself has faults.In case (4),each of the offenders should bear the shared liability according to the degree of their faults and the closeness between the behavior and the results.

Key words: without meaning connection;several persons&rsquo, environmental tort;civil liability

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