What are the factors that constitute environmental pollution liability? The composition of environmental pollution liability involves a number of key factors, among which the elements of environmental pollution liability mainly include the following aspects:
1. The perpetrator must have a clear act of polluting the environment, from the perspective of the source of pollution, including waste water pollution, exhaust gas pollution, noise pollution, electromagnetic radiation pollution and other pollution sources, these diverse pollution behaviors are the source of environmental pollution.
2. Environmental pollution must lead to actual damage to the personal rights of others, and in environmental pollution infringement cases, the victim is usually a natural person, while a legal person or other organization can only be the object of damage to property rights, and the victim usually suffers damage to the right to life and health, such as illness or even death, because environmental pollution poses a direct threat to people's physical and mental health.
3. There must be a clear causal relationship between the act of polluting the environment and the victim's personal rights injury, the victim's personal rights must be directly caused by the environmental pollution act, and the victim's personal rights damage must be directly caused by the environmental pollution act, such as deprivation or threat of life, impaired physiological functions, etc. If the damage is caused by other causes, such as violence, then this does not fall under the category of environmental pollution tort.
To sum up, only when these three constituent elements are satisfied, can environmental pollution liability be constituted, and only when these elements are satisfied, can the actor be identified as the subject of environmental pollution responsibility and bear the corresponding legal responsibility.
Pay attention to Xiaozheng, more environmental protection information is waiting for you to understand.