论文部分内容阅读
我国污染场地中的责任主体通常涉及污染者以及场地权利人两方,亦可称行为责任人与状态责任人。在行政管理当中,行政机关基于迅速有效的管理原则,有权对于场地权利人即污染场地的责任人追究其相应责任,并允许其事后向行为人索取赔偿。污染者基于其污染行为承担一定责任。污染场地权利人则因其对于场地具有管理之义务,故场地污染使其承担一种状态责任。结合台湾地区的相关案例,不难得出结论,污染场地修复责任以行为责任人承担责任为第一选择,状态责任人污染者为责任的次要承担者。
The main body of responsibility in the contaminated sites in China usually involves both the polluter and the right owner of the site, and may also be called the responsible person and the responsible person. Among administrative administrations, the executive authorities have the right, on the basis of prompt and effective management principles, to hold accountable those responsible for the contaminated site of the site as their respective responsibilities and allow them to seek compensation from the actors in the future. Polluters bear some responsibility for their pollution. Pollution site right owners because of its site management obligations, so the site pollution to assume a state responsibility. Combined with the relevant cases in Taiwan, it is not difficult to conclude that the responsibility for repairing contaminated sites takes the responsibility of the person responsible for the act as the first choice and the responsible person of the status polluter as the secondary undertaker.