Are the rights to lighting, ventilation, and tranquility considered environmental torts or general civil torts?

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What is the concept of environmental infringement? ...Expand

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Anonymous user

2013-11-19

Environmental tort (environmental tort) It evolved from the concepts of nuisance behavior, interference infringement, and neighbor nuisance in traditional civil law. Environmental torts refer to special torts that cause environmental pollution and damage due to human activities, thereby causing damage to other people's property rights, personal rights and environmental rights, and should bear civil liability according to law. Compared with traditional torts, environmental torts have the following characteristics:

First, inequality. In environmental torts, the status of subjects in legal relationships is often unequal. The perpetrators are mostly enterprises and institutions with strong economic strength and technological power, while the victims are mostly citizens who are in a weak position and lack the ability to resist. Due to the huge gap in status and strength between the two parties, it is difficult to realize the legal relationship of equality of subjects in civil law.

Second, indirectness. In environmental torts, infringers often use the environment as an intermediary to infringe the rights and interests of others indirectly, rather than directly acting on the injured party. This is very different from ordinary torts. Environmental torts themselves are violations of various types of rights such as air pollution, noise pollution, water pollution, etc. A centralized summary of environmental torts. It is through these media that perpetrators infringe on the rights and interests of victims.

Third, complexity and latency. Because the victim is limited by his own knowledge, ability, and access to information, he is unable to bear the burden of proving that the perpetrator was negligent.

Fourth, the wide range of infringement objects. The objects of environmental infringement are generally unspecified people or things, and the rights infringed also include many rights including the right to life, health, property rights and other environmental rights.

The constituent elements of environmental torts should include the following three aspects: the act of polluting and damaging the environment, the fact of damage, and the causal relationship between the act of polluting and damaging the environment and the fact of damage.

1 Behaviors that pollute and damage the environment

Behaviors that pollute and damage the environment are mainly three wastes (waste water, waste gas, waste residue), noise, solid waste, electromagnetic radiation and damage to natural factors. environmental behavior.

In the identification of behaviors that pollute and damage the environment, subjective fault is not a necessary component. There are three reasons: First, the vast majority of pollution damage is not due to the intention and negligence of the polluter, and The scope of its harm is very wide, and it also threatens people's health and survival. In this case, the most important thing is to protect the environment and the legitimate rights and interests of the victim, and the subjective intention or negligence of the perpetrator should not be considered; secondly, Due to the high degree of specialization and complexity of modern enterprises, as well as the high development of science and technology, it is difficult for the victim to prove the fault of the perpetrator; thirdly, generally speaking, the operation and profit of polluting enterprises are based on the establishment to a certain extent. On the basis of polluting the environment and causing damage to others, only the principle of no-fault liability is in line with the principle of fairness.

2 Facts of damage

According to the basic requirements of the compensation function of tort law, there is no remedy without damage. The fact of damage is a necessary condition for constituting civil liability for environmental torts, which mainly refers to the damage suffered by the victim. Personal injuries and property losses resulting in illness, disability, and death should also include mental damage and damage to environmental rights. The latter two are often ignored. Environmental rights mainly include lighting rights, safety rights, ventilation rights, etc., which are a new content in the facts of environmental damage. The damage consequences of environmental torts are similar to those of other torts, and they also have their own particularities. Its extreme performance is that it is the consequence of infringement of legitimate civil rights and interests, and has legal compensability, objective authenticity and certainty. Its particularity is reflected in the latent nature of the damage and the wide range of targets.

3 The causal relationship between the behavior of polluting and damaging the environment and the fact of damage

The theory of causality includes the temporal sequence of causes and results, the objective authenticity of the facts, The reasons are necessary conditions for the results and supplementary testing of substantive elements, etc.

Due to the complexity, latent nature and widespread nature of environmental torts, it is more difficult to determine causation than ordinary torts. In such a situation, sticking to the original theory of causation will inevitably make it difficult for the victim to prove it. The right to claim compensation has been denied, so many countries use the principle of presumption of causation to replace the direct and strict determination of causation. In the field of judicial practice, the principle of presumption of causation is widely recognized in environmental pollution cases.

In my country’s environmental law, the principle of no-fault liability for environmental torts is also clearly stipulated. The 1982 Marine Environmental Protection Law was the pioneer in establishing a no-fault liability system in environmental legislation in my country. Article 42 of the Law was the earliest provision on no-fault liability for environmental torts. Article 41 of the 1984 "Water Pollution Prevention and Control Law" absorbed this provision of the "Marine Environment Protection Law" and established a legislative model of a no-fault liability system for environmental torts. Later, the "Environmental Protection Law" and other environmental pollution prevention and control laws All followed this pattern. These provisions provide an environmental law basis for the principle of no-fault liability for environmental torts in my country.

Partially excerpted from "Research on Several Issues in Civil Liability for Environmental Torts" Shi Qiwen Yingcai Vocational Forum 2007 No.3 (Serial No.8)

Answered on 2013-11-19

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The difference between environmental torts and environmental damage

Legal analysis: Environmental torts are A tort that causes damage to other people's property rights, personality rights and environmental rights due to the actor's pollution of the environment, and should bear civil liability according to law. Environmental damage includes damage to the environment and damage to people. Damage to people includes property damage, personal damage, and mental damage; while damage to the environment includes environmental pollution, ecological damage, and other damage to public and environmental interests. Legal basis: Article 1,229 of the "People's Republic of China and Civil Code" If the infringer causes damage to others by polluting the environment or destroying the ecology, the infringer shall bear tort liability. Article 1,230 If a dispute arises due to environmental pollution or ecological damage, the perpetrator shall bear the burden of proof for the circumstances stipulated in the law that exclude liability or reduce liability and that there is no causal relationship between the act and the damage. Article 1,231 If two or more infringers pollute the environment and damage the ecology, the degree of liability shall be based on the type, concentration, and discharge volume of the pollutants, the method, scope, and extent of the damage to the ecology, and the impact of the behavior on the damage. The role of consequences and other factors are determined. Article 1,232 If an infringer violates legal provisions and intentionally pollutes the environment or damages the ecology, causing serious consequences, the infringed party shall have the right to request corresponding punitive damages.

Article 1,233 If the environment is polluted or the ecology is damaged due to the fault of a third party, the infringed party may request compensation from the infringer or the third party. After the infringer makes compensation, he has the right to seek compensation from the third party. Article 1,234 If a violation of state regulations causes damage to the ecological environment and the ecological environment can be repaired, the state-stipulated agencies or legally-stipulated organizations have the right to request the infringer to assume responsibility for repairs within a reasonable period. If the infringer fails to make repairs within the time limit, the state-stipulated agencies or the organizations prescribed by law may make repairs on their own or entrust others to do so, and the necessary expenses shall be borne by the infringer.

Lawyer Guo Xing

Answered on 2022-01-19

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Characteristic content of environmental pollution infringement

Environmental pollution torts have characteristics that are different from general torts. These characteristics determine the burden of proof that environmental pollution tort litigation is different from general tort litigation, revealing that environmental pollution tort litigation implements the principle of no-fault liability and the principle of presumption of causality. reason. The characteristics of environmental pollution torts are reflected in the following aspects: (1) Inequality and non-specificity of subjects. In environmental pollution torts, there is a huge power disparity between the two parties. The injuring party is often a person with economic, technological, and information strength and has been registered by the state. Licensed companies, business groups and even multinational corporations, while the victims are mostly ordinary farmers, fishermen or citizens who lack the ability to avoid and resist. Compared with traditional torts, the power between subjects is unequal. In some cases, the infringing subject and the infringed subject are not specific. Environmental pollution is a "by-product" of economic development, and much of it is caused by the accumulation of the blameless daily behaviors of an unspecified majority of people. For example, in photochemical pollution incidents caused by automobile exhaust emissions and other compound infringement incidents, it is very difficult, if not impossible, to find the perpetrator. The victims are often more difficult to identify. For example, the Chernobyl nuclear accident in the former Soviet Union in 1986 caused hundreds of people to suffer from cancer and will endanger future generations. (2) The indirect and compound nature of the infringement process. Environmental pollution is an indirect tort. Most of the infringement acts of the infringer do not directly affect the victim or his property, but through the intermediary "environment". The process of causing damage to people or things living in it shows extremely obvious indirectness. At the same time, various pollutants come from a wide range of sources and have different properties. After they enter the environment, complex physical, chemical or biochemical reactions often occur with each other and with environmental elements, and occur through various natural laws. Migration, diffusion, enrichment and other phenomena make the damage process extremely complex and significantly complex. (3) The persistence of damage results. The damage consequences will continue to occur with the continuous discharge of latent pollutants. Even if the discharge of pollutants is stopped, the pollution damage will not disappear immediately, but will continue in the environment for a long time. time. Damage caused by environmental pollution, especially disease damage, is often not discovered by the victim in time and often lurks for a long time. Even if it is discovered, it usually cannot be eliminated quickly. In other words, victims are often harmed unknowingly, and the consequences of environmental pollution torts are obviously latent and lagging. For example, the bone pain disease discovered in Japan in the 1970s has an incubation period of more than ten years. Since 1955, zinc smelting and lead smelting plants on the banks of the Shinto River in Toyama Prefecture, Japan have continuously discharged cadmium-containing wastewater into the river. Residents along the river drank the cadmium-containing water and ate rice irrigated with the cadmium-containing wastewater, which caused the cadmium It slowly accumulates in the human body until more than ten years later, it finally causes people's bones to deform and shrink.

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