The Constituent Elements of Environmental Joint Tort Liability in the Context of the Civil Code


Lin Xiaoxiao, the Constituent Elements of Environmental Joint Tort Liability in the Context of the Civil Code, Beijing: People’s Court Press, 2023.

 

Based on the position of legal positivism and through normative interpretation and case analysis, this book studies the theoretical problems and practical issues relating to the constitution of environmental joint tort liability in the field of environmental justice. Constituent elements of environmental joint tort include the general elements of environmental tort, and the common elements, which in turn consist of the same damage element and commonality relevance element. This book carried out an in-depth analysis of the adjustment of the general elements of environmental tort in the Civil Code. In view of the fact that is difficult for the general theory of joint tort to provide sufficient guidance in concrete judicial practice, it is more reasonable to provide a "quasi" general standard for the commonality judgment in cases with relatively fixed behavior patterns through the analysis and summary of environmental joint tort cases. On the basis of three "typical fact types" of environmental commonality relevance condensed from existing precedents, we can judge whether the behavior in question has the commonality relevance element by comparing them with specific case facts. Corresponding, the judgment logic of the court and the litigation strategy of the parties will focus on the constituent elements of environmental joint tort. This book tries to give a relatively sufficient response to the judicial practice of environmental joint tort and to "feed back" the general theories and methods with relatively novel research ideas.