论文部分内容阅读
随着中国经济的快速发展,我国近些年来环境污染问题越来越严重,由环境污染引发的环境侵权问题也越来越突出。无证排污以及超标排污造成损害肯定是构成环境侵权的,但是在行政许可的范围内合法排污是否构成环境侵权呢?答案是肯定的,获得行政许可下的排污行为仍然构成环境侵权。企业获得行政许可只是解决了公法上排污合法性的问题,但是排污行为造成民事损害,仍然要承担民事责任。虽然这个问题涉及行政许可,看似可以通过行政附带民事诉讼的途径来解决,但是对于被侵权人来说,行政诉讼是不能帮助其解决纠纷,还是要回归到民事诉讼等民事救济途径来解决。
With the rapid development of China’s economy, the problem of environmental pollution in our country has become more and more serious in recent years. The issue of environmental infringement triggered by environmental pollution has become increasingly prominent. The undocumented sewage and excessive pollution caused by damage certainly constitute environmental infringement, but within the scope of the administrative license of legitimate sewage constitutes an environmental infringement? The answer is yes, with the permission of the sewage under the action still constitute environmental infringement. Enterprises get the administrative license only to solve the problem of legitimacy of public sewage, but the sewage caused civil damage, still have to bear civil liability. Although this issue involves administrative permission, it seems to be resolved through administrative attachments to civil litigation. However, whether the administrative litigation can be solved by the infringer can be solved by civil litigation or civil remedies such as civil litigation.