중국민법상 환경오염과 생태파괴에 대한 책임

Abstract

Due to rapid industrialization in China, the issue of environmental pollution and ecological damage becomes more serious as one of the side effects. It has become the largest issue that requires urgent resolution by Chinese Civil Law to protect ecological system with legislations on liability for environmental infringement in relation to ecological damages that becomes more serious day by day. Also, as the issue of environmental damages steps into multiple stages recently, private interest protection in environmental area has become an important issue in establishment of Chinese legislations. Therefore, Chinese Civil Code that was enforced in January 1, 2021 prescribes green principle as the basic principle of Chinese Civil Code in Article 9 for the first time and prescribes the matters on liability for environmental pollution and ecological damages in seven articles from Article 1229 to Article 1235 of Part 7(Torts) Chapter 7 Chines Civil Code. Part 7 Chapter 7 of Chines Civil Code consists of principle of no-fault liability in relation to environmental pollution and ecological damages(Article 1229 Chines Civil Code), shifting the burden of proof(Article 1230 Chines Civil Code), divisional liability for joint Torts(Article 1231 Chines Civil Code), punitive damages(Article 1232 Chines Civil Code), 3rd party’s liability(Article 1233 Chines Civil Code), liability for restoration of ecological damages(Article 1234 Chines Civil Code), and liability for damages(Article 1235 Chines Civil Code). As Part 7 Chapter 7 of Chines Civil Code is the most important legal source of liability for environmental pollution and ecological damages in China, the conditions for and effects of liability for environmental pollution and ecological damages under Chinese Civil Code is reviewed in the thesis. A significant feature of Chinese Civil Code compared with the repealed Chinese tort law is that punitive damages, liability for restoration of ecological damages, and liability for restoration of ecological damages are adopted. Such provisions of Chinese Civil Code may be deemed to be changed from protection of private interest to protection of public interest and from compensation to prevention. However, punitive damages, restoration of ecological damages, proxy restoration of ecological damages, and determination of indemnification for damages, etc. are the issues to be discussed on in future.