Elements and extent of civil liability of environmental rights infringement

On the elements of civil liability of environmental rights infringement, there exist two opinions: one is the two-element theory, which includes the damage fact and the consequence; the other is the three-element theory, which includes offence against the law, damage fact, and consequence. It is presented that the two-element theory should be adopted, and faults and delinquency are not elements of civil liability of environmental rights infringement. Property damage, physical injury and sprit injury should be included in the extent of liability. It is suggested that the environmental liability system should be improved in China .