Reconstruction of Tort Law Effectiveness of Mandatory Environmental Standards From the Perspective of Integration of Public and Private Law
The tort effectiveness of mandatory environmental standards has been controversial in the field of legal theory and judi-cial practice at both china and abroad.The perspective of private law that emphasizes the protection of victims'interests tends to deny that mandatory environmental standards have the legal effect of preventing environmental tort liability,while the perspective of public law that emphasizes reasonable regulation of environmental risks tends to admit that mandatory environmental standards have the legal effect of preventing environmental tort liability.However,only from the perspective of private law or public law to examine and solve the tort law effectiveness of mandatory environmental standards has serious deficiencies.In essence,the effect of tort law on mandatory environmental standards is an intersection of public and private law,which should be reconstructed from the perspective of public and private law fusion.Whether the environmental quality standard can prevent the victim's claim de-pends on whether the victim's damage falls within the scope of the object protected by the environmental quality standard.Wheth-er pollutant emission standards can prevent polluters from bearing tort liability to victims depends on whether pollutants are cumu-lative pollutants or non-cumulative pollutants and the degree of environmental protection administrative regulations.
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维普
