
Responsibility
A. What is environmental legal responsibility, and what are the specific environmental legal liabilities?
日期:2022-03-20 14:19:58 浏览次数:73
In the implementation of environmental regulations, illegal units or individuals shall be investigated for legal responsibility according to the nature of their illegal acts, harmful consequences and subjective factors, and three different legal sanctions, namely criminal, administrative and civil, shall be given. (1) Criminal responsibility: Those who should bear criminal responsibility generally refer to acts that seriously endanger the environment with intention or negligence, and cause serious losses to public property or personal death, which constitute a crime and are subject to legal sanctions. Three conditions must be met to constitute a crime of harming the environment: first, the perpetrator has the intention and negligence of the crime; second, the behavior has serious social harm; third, the behavior violates the criminal law and should be punished. (2) Administrative responsibility: Violation of administrative regulations and causing certain environmental damage or other losses, but not constituting a crime, is an administrative violation and should bear administrative responsibility. To constitute an administrative illegal act and bear administrative responsibility, two conditions must be met: first, the perpetrator must be intentional and negligent; second, there is a violation of administrative regulations. For example, violating the "Three Simultaneous" provisions; violating the operating procedures to cause accidental pollution incidents; violating laws and regulations such as forest, cultural relics protection, and nature protection laws, but not yet constituting a crime, etc. (3) Civil liability: Citizens or legal persons shall bear civil liability when they discharge pollutants or other acts that damage the environment due to negligence or no negligence, resulting in environmental pollution, victim losses or property losses. Four conditions must be met to constitute civil liability: first, there is the existence of a damaging act or other civil illegal act; second, it has caused damage to property rights and personal rights; third, there is a causal relationship between the harmful act and the damage result ; Fourth, the perpetrator's behavior that damages the environment with or without negligence. Civil liability can be used alone or in combination with other legal liabilities. In civil liability, the main form is compensation for losses.
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