《环境保护法》第65条纳入新的环境侵权责任承担主体,实质上是对“污染者负责”之环境侵权原则的突破,形成了环境责任的社会化。探讨本条文之正当性后发现,环境服务第三方机构与污染方不成立环境共同侵权,虽然是多因一果多数人侵权的一种,但与《侵权责任法》第12条之按份责任又有冲突,通过衡量受害人求偿不能之风险与机构承担全部中间责任之合理性,政策考量下规制为连带责任;内部责任份额分担,机构以注意义务为标准适用过错推定原则,承担不超过25%的责任。 Article 65 of the Environmental Protection Law incorporates the new subject of environmental tort liability and is essentially a breakthrough in the principle of environmental infringement of “responsibility of the polluter” and forms a socialization of environmental responsibilities. After discussing the legitimacy of this article, it is found that the third party of environmental service and the polluter do not establish joint infringement of the environment. Although it is a kind of infringement that is mostly caused by one fruit, the responsibility and liability of Article 12 of Tort Liability Law Conflict, by measuring the risk of the victims can not be the risk of compensation and the agency to assume full responsibility for the intermediate, policy considerations under the joint and several liability; share of internal responsibility, the agency to take care of obligations as the standard application of the principle of fault presumption, commitment does not exceed 25 %Responsibility.