On the Application of Exemption Grounds in Environmental Tort Liability under China's Civil Code
China's environmental protection laws such as China's Environmental Protection Law and China's Air Pollution Prevention and Control Law do not provide for exemption grounds for environmental tort liability. According to the applicable rules of the law, if there are no special laws on environmental protection, the provisions of China’s Civil Code shall apply. However, Chapter 7 of the Part 7 of China’s Civil Code does not specifically provide for exemption grounds from environmental tort liability, so only the general provisions of Chapter 8 of the Part 1 and Chapter 1 of the Part 7 of the Civil Code can be applied. However, due to the special nature of environmental tort liability, not all exemption grounds are suitable as exemption grounds for environmental tort liability. By interpreting the system and purpose of legal provisions, combined with the strictest environmental protection policies implemented in China, the intentional of the victim is an exemption from environmental tort liability; Force majeure as an exemption can be conditionally applied to environmental tort liability; Emergency avoidance is only applicable to liability for marine environmental pollution damage and should not be used as a general exemption for environmental tort liability.
References
- Z.F. Zheng: Theoretical Research on Third Party Tort Behavior, (China Legal Publishing House, China 2018), p.355, 358, 373.
- S.K. Wang: On the Third Party in Environmental tort, Journal of Henan Normal University (Philosophy and Social Sciences), vol. 49(2022), No.5, p.65-74.
- D.G. Feng: Study on the Third Person Involving Environmental Infringement Interpretation, Journal of Henan University of Economics and Law, vol. 32 (2018), No.3, p.20-29.
- X.F. Cao: On the Application of Legal Norms of Force Majeure in Environmental Pollution Liability - Commentary on Article 29 of Tort Liability Law, Contemporary Law Review, vol. 27(2013), No.5, p.101-107.
- W.F. Nie: The Basis of Obligation Types for Constructing Logic of Force Majeure Exemption Norms - Historical Review of the Legislative Methodology of Article 180 (1) of Civil Code, Legal Methods, vol. 36 (2021), p.291-315.
- P.H. Zhang: The Force Majeure in Tort Law, Journal of Hunan Police Academy, vol. 1(2017), No.1, p.42-48.
- L.X. Yang: Construction and Application of the Tort Liability Exemption System of the Civil Code, Qiushi Journal, vol. 44(2022), No.5, p.107-121.
- W.Q. Yuan: Understanding and Application of Force Majeure as an Exemption from Tort Liability - Interpretation of Article 29 of Tort Liability Law of the People's Republic of China, Studies in Law and Business, vol. 32(2015), No.1, p.129-135.
- European Group on Tort Law: Principles of European Tort Law: Text and Commentary, translated by Yu Min and Xie Hongfei, (Law Press, China 2009), p.181-182.
- W.D. Fu: "Justification Determination of Emergency Evacuation Behavior in Environmental Infringement", Environmental Economy ,2022, No.4, p.48-51.
- H. Jin: "The Defense Effect of Emergency Evacuation in Environmental Tort Liability: A Reflective Review", Studies in Law and Business, Vol.42(2025), No.1, p. 131-137.
- L.M. Wang: On Victim’s Voluntary Assumption of Risk, Journal of Comparative Law, Vol.31(2019), No.2, p. 1-12.