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近年来环境污染事件频发,民众受害、企业违规排放和政府监管不作为等关键词则常常伴随着环境污染映入眼球。与一般的行政不作为与第三人行为共同导致损害相比,环境监管不作为与第三人行为共同致害存在其特殊之处:一是损害后果涉及环境与人;二是受害者多且损失较大;三是损害后果具有持续性;四是污染治理代价高昂。所以在发生了此类案件后,企业往往难以赔偿其所造成的损害,民众难以得到充分救济,而不追究国家的赔偿责任,也有失公允。有鉴于此,本文拟从国家赔偿的合理性、国家赔偿责任形成和国家赔偿责任承担等几个方面,对我国环境监管不作为与第三人行为致害的国家赔偿责任进行梳理,并根据环境污染导致的侵权设计合理的赔偿模式,以实现民众权益的最大化。
In recent years, frequent environmental pollution incidents, the victims of the public, corporate emissions and government regulations do not act as a key keyword is often accompanied by environmental pollution in the eye. Compared with the common administrative omission and the third party act lead to the damage together, the environmental supervision does not act as the third party act together has its peculiarities: First, the damage consequence involves the environment and the people; two is the victim The greater the loss; the third is the continuity of the consequences of damage; the fourth is the high cost of pollution control. Therefore, in the event of such cases, it is often unfair for enterprises to make compensation for the damage they cause and for the people to receive sufficient relief without going after the state’s liability for compensation. In view of this, this article intends to sort out the responsibility of state compensation for the omission of our country’s environmental regulation and the third party behavior, from the aspects of the rationality of state compensation, the formation of state compensation liability and the assumption of state compensation liability, Pollution caused by the design of a reasonable tort of compensation, in order to achieve the rights and interests of the public to maximize.