Social Sciences in China (Chinese Edition)

No.3, 2014

Expansion and Strengthening: Comprehensive Application of Environmental Tort Liability

(Abstract)

Zhang Xinbao and Zhuang Chao

The effect of legislation and judicial interpretations in providing victims with remedies and penalizing and checking environmental tort activities through strengthening environmental tort liability is relatively clear. Tort liability constructed on the model of tort relating to natural persons would not be totally applicable to tort standards relating to legal persons. When studying how to strengthen environmental tort liability, we cannot simply think of the main components of tort, but must also consider more complex legal interpretations and applications. Under the existing institutional framework, it is possible, through legal interpretations, especially expanded interpretations relating to joint liability, employee liability and direct claim liability of corporate controlling shareholders, as well as strict and comprehensive application of different ways of tort liability and correct handling of the relationship between environmental tort liability and related liability under administrative and criminal law, to strengthen environmental tort liability and achieve the legal outcome of providing victims with remedies and checking and penalizing environmental tort activities, thus achieving an environmentally friendly ecological culture.