An Analysis of “Environmental Tort” Legal Terminology and Imputation Principle —Comments on Environmental Noise Tort Case of Du Zengshen
V. the 20th Bureau of China Railway Company
Liu Xianhui
School of Law, Henan University of Science and Technology
Abstract：In the 20th Bureau of China Railway Company and Henan Yubo Railway Company environmental noise pollution case, the court held that the noise standard is not the sewage units to assume the responsibility of compensation standards but the basis for the payment of over standard sewage charges and environmental management, considered that the illegal behavior of the act is not a necessary prerequisite for the environmental tort, and the harmful nature of the act is the essential element of environmental tort. In the existing legal system of environmental tort, it should be clear that the “environmental tort” of the legal terms. Civil law and property law embodies the principle of fault; tort liability act and environmental protection law are reflected in the principle of no fault. It should be based on the method of type of environmental tort, to coordination of doctrine of liability fixation
刘先辉. “环境侵权”法律术语及其归责原则分析 ——杜增申与中铁二十局等环境噪声污染侵权案评释[J]. 江苏大学学报（社会科学版）, 2016, 18(3): 57-63.
LIU Xian-Hui. An Analysis of “Environmental Tort” Legal Terminology and Imputation Principle —Comments on Environmental Noise Tort Case of Du Zengshen
V. the 20th Bureau of China Railway Company. Journal of Jiangsu University（Social Science Editi, 2016, 18(3): 57-63.
2016, Vol. 18 
