德国环境设备责任制度初探

德国《民法典》确定了一般环境侵权的规则——行为责任，再以《环境责任法》确立了特殊的环境侵权的规则——设备责任。设备侵权是危险责任的一种，其构成要件有两个：设备运营对环境产生不良影响进而导致损害；人身、财产受侵害。设备责任的承担不要求设备运营人的过错。设备责任归责采用因果关系推定原则。

German Equipment Environmental Responsibility

German Civil Code established the general rules of environmental infringement. Environmental Liability Act established the equipment responsibility rules for special environmental infringement. Based on the greater risk and economic benefits, Equipment responsibility is classified as Danger Responsibility. Elements of the equipment responsibility are legal interests being damaged, causal relationship. Equipment responsibility adopts the Causation Presumption Rules which have strictly applicable coditions. The scope of personal compensation is different form death and mischief. Property damage applicates the general rules of civil law. Force majeure belongs to the impunity reasons, victim fault belongs to alleviating reasons.