System Position of Provision 67 of Tort Liability Law——On the Cognizance of Tort Liability of Environmental Pollution

As the term of the tort of environmental pollution committed by several persons which determines responsibilities,it is the rule to decide how much responsibility should infringers bear.The Tort Liability Law generally shows a structure of general rules-specifics-supplemental provisions,and provisions 8 to 14 provide a general rule on the establishment of the liability and the undertake of the liability of several tortfeasors.Positioning system of provision 67 should coordinate with it,especially when they coincide,the establishment of liability and the undertake of the liability should be decided by general rule;provision 67 plays a role in providing a standard to make the degree of responsibility more definite.The ambiguity of the burden of proof according to provision 67 should be given to tortfeasors;the causal relationship presumption of the establishment of liability should be integral,other reference factors except for the types of pollutants and discharge should be more definite,and to determine the degree of responsibility depends on all the above factors,rather than only one of them.