Destruction of the ecological environment 15, Destruction of the ecological environment

Many human activities discharge harmful substances into the atmosphere, water, soil and other natural and artificial environments, causing environmental pollution; Some changes in nature also affect the quality of the environment. Environmental monitoring is to carry out qualitative and quantitative tests on the discharge of pollution sources and environmental conditions in accordance with various national or local environmental standards for pollution prevention and protection of environmental quality, and provide a basis for scientific research, decision-making, legislation, handling of pollution accidents and environmental supervision and management. Environmental monitoring is the "eyes and ears" of all environmental protection activities.

In practice, environmental monitoring can be divided into two categories. The first is pollution source monitoring, that is, the monitoring of pollutant discharge. Generally, samples are collected regularly and at fixed points at the pollutant discharge outlet, and the concentration, emission and temporal and spatial distribution of different forms of harmful substances are analyzed and determined.

The second is environmental monitoring, that is, the analysis and monitoring of pollutant substances in the environment and their change laws and environmental impacts, clarifying their values, scope, and pollution degrees, and describing the environmental quality status and development trend through comprehensive analysis.

Forests have been cut down, vegetation has been destroyed, and soil erosion is severe.

Rivers and seawater are polluted (discharge of industrial and domestic sewage).

The fertility of the land decreases and salinization begins.

Animals are poached (Tibetan antelopes and other rare animals).

Many rare animals are in danger of extinction.

The greenhouse effect is severe.

The air contains a large number of substances that are harmful to people, causing acid rain and other phenomena, and excessive use of groundwater leads to the decline and collapse of the ground.

Sandstorms rage.

The desert area has expanded, and the land has become seriously desertified.

The main forms of ecological and environmental damage include soil degradation, soil erosion, land desertification, land salinization, ozone layer destruction, acid rain and other types, among which the most serious impact is the destruction of the ozone layer.

2. First of all, it will cause damage to the human immune system and reduce the immune mechanism; It is seriously harmful to human health, and can cause and aggravate eye diseases, cancer, and infectious diseases; It leads to an increase in the incidence of cataract eye disease and ** cancer.

3. Secondly, slow down the growth rate of crops, reduce the quality and yield of crops, and even cause a bad harvest; More than 50% of terrestrial plants, such as potatoes, melons, tomatoes, sugar beets, etc., will have a sharp decline in yield; Forests and grasslands are declining, endangering ecological balance and biodiversity.

4. It will also have an impact on the aquatic ecosystem, endanger plankton, lead to a decrease in the amount of basic food in the marine food chain, make it difficult for fish and shellfish living in shallow water to survive, reduce the number of marine organisms, kill a large number of fish, and may lead to the mutation of biological species.

5. Causing global warming and the greenhouse effect, the average temperature of the earth's surface will rise, resulting in the partial melting of ice and snow in the North and South Poles; This, combined with the thermal expansion of the sea itself, would raise the world's sea level by 25,100 centimetres and bury some low-lying coastal cities at the bottom of the sea.

6. It will also cause new environmental problems, excessive ultraviolet rays can make plastics and other polymer materials more likely to age and decompose, and as a result, photochemical air pollution.

1) Indiscriminate deforestation.

When forests are severely deforested, their ability to conserve water is lost, which can make the climate worse, leading to floods, droughts or sandstorms.

Due to the destruction of vegetation, the environment in which animals live is destroyed, and animals will move or die

2) Indiscriminate hunting and killing.

Driven by profits, many people are interested in wildlife.

Large-scale hunting has led to a significant reduction in biological species, which has caused a series of ecological crises such as serious insect pests and endangering crops

3) Biological invasions.

Biological invasion refers to the phenomenon that organisms migrate to the new ecological environment with the exchange of goods and people, and cause serious harm to the new ecological environment

Ecological damage is caused by the greenhouse effect, vehicle exhaust emissions, heavy industrial emissions, and human activities.

1. Indiscriminate felling (no planting of green belts).

2. Indiscriminate hunting and killing (not protecting rare animals).

3 Biological invasion (bringing fruit in other countries [may have unknown eggs]).

Hello, the risk of environmental pollution has the risk of tort liability, and the principle of reversal of the burden of proof is implemented in environmental pollution tort cases. Article 1230: "Where a dispute arises due to environmental pollution or ecological damage, the perpetrator shall bear the burden of proof on the circumstances provided for by law for not bearing responsibility or mitigating responsibility, and that there is no causal relationship between the act and the harm.

In other words, when there is a dispute over environmental pollution, the polluter should bear the burden of proof, and if it cannot prove the cause of exemption or exclude the causal relationship, it should bear tort liability such as compensation. In fact, it is very difficult to prove that there is no causal link between the act of discharging and the damage. As a result, this will put companies at a great disadvantage in litigation, greatly increase the risk of polluting enterprises, and reduce the cost of plaintiffs filing environmental pollution tort lawsuits.

2. The way to bear the responsibility for environmental pollution.

Like general civil torts, the ways to bear liability for environmental pollution include stopping the infringement, restoring the original state, and compensating for losses.

Due to the serious consequences caused by environmental pollution, the cost of treatment is extremely high, and it is often irreversible, so once the environmental infringement occurs, only compensation for losses, pollution control, restoration of the original state, and acceptance of punishment cannot eliminate the future environmental pollution of the enterprise, so with the country's emphasis on environmental interests, the cessation of infringement has begun to be used more and more, which means that if the environmental pollution problem is not taken seriously, the enterprise may directly face the fate of shutting down and transferring, and it is foreseeable that this trend will be further strengthened.

In addition, the Civil Code also strengthens the joint and several liability of enterprises for environmental risks. Article 1233 of the Law: "Where a third party pollutes the environment or destroys the ecology due to the fault of a third party, the infringed party may claim compensation from the infringer or from a third party."

After the infringer has compensation, it has the right to recover compensation from a third party. "Victims will have the right to choose who will be held liable, and businesses that are not at fault may also be jointly and severally liable. The risk of environmental litigation for companies has increased significantly.

What's more, environmental pollution is often a joint infringement of several enterprises, and they are already jointly and severally liable for compensation. Although it is theoretically possible for a polluting company to recover compensation from other polluting companies or a third party at fault, it is very difficult to recover the compensation money, especially when the amount of compensation is huge, and many companies may even go bankrupt. This means that companies are likely to be held responsible not only for their own environmental violations, but also for the environmental abuses of others.

Legal basis

This shows that the principle of no-fault attribution is implemented in the tort liability for environmental pollution. As long as the environmental pollution caused by the pollutant causes damage to others, the polluter shall bear the corresponding tort liability, regardless of whether the polluting enterprise is at fault or not, and whether the pollutant discharge exceeds the standard.

In the case of environmental pollution torts, there are few exemptions under the law, and the only exemption is an irresistible natural disaster, and after taking reasonable measures in a timely manner, it is still impossible to avoid the damage caused by environmental pollution. Therefore, even if there is a force majeure event such as extreme natural disasters such as tsunami and tsunamis, if the polluter fails to take reasonable measures in time to avoid pollution damage, the polluter cannot be exempted from liability.