环境损害公平责任问题研究

为了弥补过错责任和无过错责任的适用空白,在理性哲学和自然法的影响下,公平责任基于法律的公平和正义理念产生了。在环境民事责任领域,公平责任原则一般适用于双方当事人均无过错,不能按过错责任和无过错责任原则处理的重大人身、财产和环境损害的情况。由于公平责任具有适当帮助恢复受害人损失的目的,故道德色彩非常浓厚,其适用范围应受到严格的限制。文章在公平责任的形式及其性质尤其是侵害者分担损失责任的性质进行分析之后,对公平责任在环境损害填补立法中的地位进行了探讨。

On Problems of Fair Liability to Environmental Harms

In order to make up applicable blank of faulty liability and non-faulty liability,Affected by raˉtional philosophy and natural law,and based on legal ideas of impartiality and justice,fare liability came into being.In the field of environmental civil liability,the conditions that apply principle of fare liability always inˉclude three aspects.The first aspect is that the two parties are non-faulty.The second aspect is that the case can't be disposed with principle of faulty liability or non-faulty liability.The third aspect is that serious harms to body,property and environment occur.Fair liability reflects the target of proper help for victim,so its moral character is very obvious,and its applicative scope ought to be restricted by law.In this paper,after discussing the modalities of fair liability and their natures especially the nature of trespassers'liability on partaking harms,the author discusses the status of fair liability in the legislation on remedying to environmental harms.