环境侵权中危险责任原则的适用-法学专业论文.docxVIP

华 中 科 技 大 学 硕 士 学 位 论 文 II Abstract Dangerous responsibility is a liability of tort type, and has been recognized by most countries in the world. In the traditional law of tort, fault liability is on the actors subjective fault; the fair liability is based on fair; no-fault liability neither without fault core category, nor have the extensive applicability; as the imputation principle， strict liability is lack of strict logic, and its scope of application has duplication with other imputation principle of environmental tort coincide; with new forms of tort liability have consistently emerged, making dangerous liability as tort law imputation principle can fill up the blank of law, helping system of legal rules to be further integrated. Environmental tort can be divided against the two major types of production and living environmental infringement. For the reason of complexity of environmental tort subject\ reason\process and the complexity of the object, ruled out the use of traditional tort liability. Danger responsibility principle for its judgment standard is simple and practical, applicable range widely in showing itself in the applicable law. There are several reasonable explanations for the dangerous responsibility principle in the field of environmental tort .Such as the doctrine of equitable responsibility, reward responsibility, risk-sharing responsibility and so on .While the dangerous doctrine makes the presence of “dangerous” as the core purpose, to coincide with the dangerous responsibility principle. Germany, Japan, the United States, Britain, France and other countries have the relevant provisions of the dangerous responsibility regime. Most of them make special legislation and expending the judicial practice in the legislative mode to implement the dangerous responsibility system. They extend it to the field of nuclear energy, atomic energy, transportation, electrical, road traffic in the content. The dangerous responsibility is one