论文部分内容阅读
在无意思联络情形下,资质拥有者将其专属资质项下之专有工具、设备、人员等违规出租、出借给污染者,污染者借此便利直接实施污染行为造成同一损害。资质出借违反注意义务,对损害结果的发生发挥一小部分作用,应在自己行为涉及的相当因果关系范围内承担过错责任,其与污染者之间的责任承担在现有法律框架内不应当适用连带责任、按份责任、不真正连带责任或补充责任,而适用基于原因力差异的部分连带责任合理可行,有利于公平效率地划分责任,平衡加害方与受害方的利益,这是对《侵权责任法》第11条的扩张,亦是对环境侵权司法解释第3条第3款的类推。
In the case of unintentional contact, the qualified owner leases and levies exclusively the proprietary tools, equipment and personnel under his exclusive qualification to the polluter, so that the polluter can facilitate the same damage caused by the direct implementation of the polluting activity. Qualified loans violate the duty of care and play a small part in the occurrence of the damage result. They should bear the fault liability within the scope of considerable causation involved in their own conduct. The responsibility assumed by them with polluters should not be applied within the existing legal framework Joint and several liability, in accordance with the responsibility, not really joint liability or additional responsibility, and the application of the part of joint liability based on the cause of force difference is reasonable and feasible, is conducive to the fair and efficient division of responsibilities, to balance the interests of the harming party and the injured party, which is "infringement The expansion of Article 11 of the Liability Act is also analogous to Article 3, paragraph 3, of the judicial interpretation of environmental tort.