环境法中预防性民事责任形式的探讨

分析了传统民法中损害赔偿责任在环境法中的局限性、并对停止侵害、排除妨碍、消除危险等预防性民事责任形式在环境法中的意义和作用,进行了探讨。同时,依据环境、经济、社会效益相统一的原则,论述了在确认预防性民事责任中,进行利益衡量的重要性。

Approach on the Form of Preventive Civil Duty in Environmental Law

The form of preventive civil duty, such as stopping damage, abating nuisance and eliminating danger are with special significance in environmental law. They can embody the principle of "putting prevention first and combining prevention with control", and make up for the limitations of tort compensation liability in the environmental law. The application of them could give rise of ma ny new legal problems For example, an enterprise is ordered to stop pollution damage, often means that the enterprise has to pay quite a high price of the technique and economy. If the enterprise can not bear it, it is possible to result in suspending operations or closing down. To solve these contradictions and obtain the unity of economic, environmental and social benefits, cost-benefit analysis must be carried. It is not enough to meet the traditional legal liability elements.