Reconsideration and Reconstruction of Imputation Principle of Environmental Tort:A Theoretical-Practical Overview

Imputation principle is a key issue in environmental tort.However, it is not difficult to find that in theory there exists inconsistency of fault liability and non-fault liability, in legislation the conflict between the Property Act and the Tort Liability Act, and in practice the fact that the imputation principles applied in different cases vary greatly.The reason of the paradoxes lies in that environmental tort fails to be subdivided into pollution fiction and substantial pollution based on ecology rules,in light of which principles should be applied accordingly:non-fault liability applied to substantial pollution while presumption of fault to pollution fiction. And where no fault can be found,fair principle should be held as the basis for contribution of damages.