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Supreme Court case on environmental tort disputes the interpretation of Application of Laws

Add Date:2015/8/3 Hits:1240 Font Size:S M L BACK
Hear the correct environmental tort liability disputes, in accordance with the provisions of "People's Republic of China Tort Law", "People's Republic of China Environmental Protection Law", "People's Republic of China Civil Procedure Law" and other laws, combined with trial practice, the enactment of this interpretation.
The first environmental damage due to pollution, regardless of whether the fault of the polluter, the polluter should bear tort liability. Polluters to comply with national or local discharge standards for pollutant discharge by advocate does not assume responsibility for the people's court shall not support.
Polluter is not liable for circumstances or mitigate liability shall apply Marine Environmental Protection Law, Water Pollution Prevention Law, Air Pollution Control Act and other environmental protection a single law; there is no single law provisions related to environmental protection shall apply Tort Law.
Article two or more joint implementation of the polluter pollution damage behavior has been infringed request polluter jointly and severally liable under the Tort Law Article VIII, the people's court should be supported.
Article two or more polluters are causing the same damage implement pollution behavior, the behavior of each polluter pollution are sufficient to cause all the damage has been infringed request polluter jointly and severally liable in accordance with the provisions of the Tort Law Article XI, people the court should be supported.
More than two polluters were the implementation of pollution caused by the behavior of the same damage, each polluter pollution behavior are not enough to cause all the damage has been infringed request polluter liable in accordance with the provisions of Article XII of Tort Law, the people's court shall stand by.
More than two polluters were the implementation of pollution caused by the behavior of the same damage, pollution behavior part of all damage caused by the polluter is sufficient, pollution caused by the behavior of polluters part only part of the damage has been infringed is sufficient to cause the request in accordance with the provisions of Article XI Tort Liability Act polluter damage all damage caused to other polluters on the common portions jointly and severally liable, and all bear responsibility for the damage, the people's court should be supported.
Article two or more polluters pollute the environment, the size of the liability of polluter pays, the people's court should be based on the type of pollutant emissions, hazardous and whether emission permits, whether over pollutant discharge standards, exceeds the focus determine the total pollutant emission control targets and other factors.
Article has been infringed or to prosecute polluters, respectively, while according to Article 68 of the Tort Law stipulates that a third person, the people's court should be accepted.
Infringee request the third party liability, the court shall determine the corresponding liability to the extent the third person's fault.
Polluters to pollute the environment fault of a third proposition is not liable for damage or mitigate liability on the grounds, the people's court shall not support.
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