Clarifying the Liability System for Ecological Damage in the Civil Code:Causes and Solutions
Articles 1234 and 1235 of the Civil Code delineate the liability for ecological damage into"two types and six forms",drawing on the tradition of civil liability classified by the consequences of liability.From the historical perspective,this approach is not only influenced by the civil liability stipulated in the Soviet Union's general rules,but also related to the historical process of the impact of public law liability on civil law in the period of planned economy.However,in the process of compiling the Civil Code,it has not been revised,but has been applied to the legislation of liability for ecological damage.From the perspective of reality,this framework,while coincidental in origin,with the localization of the civil code,has been given a new value to replace the"right-to-claim"system,shifting towards a new"rights-obligations-liabilities"structure,and the ecological damage compensation avoids the debate of environmental rights and can be directly stipulated in the form of liability.However,the lack of clarity on the link between liability outcomes and causes obscures the logical application of enumerated consequences,leading to disparities in compensatory outcomes in ecological damage liability cases.Under the current system environment,to rationalize the applicable logic of ecological damage liability under the premise of maintaining the existing ecological damage liability system,it is imperative to bridge this disconnect between liability outcomes and their causal underpinnings at the academic level.
Civil Codecivil liabilityright of claimindemnification
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