论环境共同侵权责任-法律学专业论文.docxVIP

华中科技大学硕士学位论文 华 中 科 技 大 学 硕 士 学 位 论 文 PAGE 1 PAGE 1 Abstract With the deepening of market economy, Chinas economic development at the same time, environmental pollution and ecological damage is becoming more and more serious.And liability of environmental joint torts as one of the most serious problems, although research in theory, but still not deep enough.At the same time, in the legislation, although in 2009 promulgated the tort liability act, but the method of joint tort provisions on environmental still use the general principles of civil law, still use contact to determine the environmental joint tort.At the same time, tort liability act the relevant laws on environmental joint tort liability of the infringer has provisions are not clear, especially for the sixty-seventh article of the understanding, and the internal logic of the article and related articles, controversial theory. In view of this, this paper starts from the concept and characteristics of environmental tort, points out that the environmental joint tort should apply the objective behavior in common as its essence.Secondly, through the study of foreign environmental joint tort imputation principle and responsibility allocation, combined with our countrys current legislation, that our country establish objective common behavior that necessity as the essence of environmental joint tort.Thirdly, through the case points out the defects of Chinas existing laws, this article proposes own view.Conclusion environmental joint tort should apply to objective common theory of nature, the infringer shall assume joint and several liability undertaking foreign, while the responsibility, on the inside, through the study of the infringers subjective malignant, the contribution rate of damage may be appropriate to use the liability exemption. Key words: environmental joint torts the imputation principle the division of responsibilities 目 录 摘 要 I ABSTRACT 1 目 录2 一 环境共同侵权及其构成要件3 （一）环境共同侵