In the determination of environmental pollution infringement,there exists inconsistency in the affirmation of the validity of the compliance defense.It is rooted in the failure to distinguish the different logic of public and private law adjustments.Based on the systematic interpretation of environmental legislation,the effect of private law of environmental regulatory norms should be interpreted according to the convergence of functions of public and private law of regulatory norms,so as to avoid the problem that environmental regulatory norms cannot define complex interest relations.Firstly,en-vironmental regulatory norms with the force of private law are screened according to the protective law,and then the limits of compliance behavior after screening are weighed against the interests of victims according to the general duty of care.The compliance behavior in protective law can be the prerequisite for the effectiveness of compliance defense.The violation of environmental regulatory norms means the violation of the statutory duty of care,while the environmental pollution behavior that does not violate the environmental regulatory norms and does not violate the general duty of care can be recognized as the compliance defense.Therefore,environmental legislation also needs to improve its systematization based on the purpose of normative protection.
environmental pollution infringementregulatory compliance defenseenvironmental regulatory normsprotective lawduty of care
万方数据
维普
