南京工业大学学报（社会科学版）2025，Vol.24Issue(5)：102-112,11.
无过错联系数人环境侵权内部责任分配研究
The Research on the Allocation of Liability Within the Environmental Tort of Environmental Tensors Without Fault Linkage
摘要
Abstract
The internal liability of no-fault contact person environmental tort is a new form of liability allocation formed within each tortfeasor after the external liability form is determined.The allocation of internal responsibilities ensures the realization of corrective justice and is also the key to improving the efficiency of case litigation.The ideal internal responsibility allocation standard system should be based on the"causal force"standard and supplemented by the"fault"standard."Causal force"includes material causal force and non-material causal force,which directly or indirectly affect the internal responsibility allocation.Among them,the material causal force includes factors such as the type,emission and concentration of pollutants,and hazards,while the non-material causal force mainly includes the dual factors of time and space.The existence or absence of"fault"also plays a role in limiting or measuring internal liability,and the objective manifestations of fault mainly include violation of duty of care,failure to have or exceed pollutant discharge permits,and violation of mandatory environmental standards.In the environmental infringement of a no-fault contact person with joint and several liability as the form of external liability,the allocation of internal liability is generally based on the factors of material causation.In the environmental infringement of a no-fault contact person with partial joint and several liability as the form of external liability,the internal liability allocation should generally be distributed step by step in an orderly manner,with the overlapping part allocated first and then the remaining part.关键词
数人环境侵权/污染环境/排污许可/内部责任/分配标准/原因力分类
社会科学引用本文复制引用
吴真,王思琪..无过错联系数人环境侵权内部责任分配研究[J].南京工业大学学报（社会科学版）,2025,24(5):102-112,11.基金项目
研究阐释党的二十届三中全会精神国家社会科学基金重大专项"生态环境法典化的中国实践和理论创新研究"(24ZDA095) （24ZDA095）
