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危险活动所致跨界环境损害的问题由来已久,从传统的国家责任到国家赔偿责任再到跨界环境损害损失分担制度的出现和形成经历了漫长的过程。在危险活动所致跨界环境损害责任的演进过程中,引导这一嬗变的理论基础从矫正正义观演变到分配正义观。损失分担制度通过对损失的分配不仅避免了危险活动经营者的破产,也使赔偿来源有了充分的保证。但是将国家责任与损失分担分统于矫正正义与分配正义理念下的做法是否割裂了跨界环境损害责任制度的理论基础中统一的内在逻辑,损失分担制度是否应向矫正正义回归值得反思。
The problem of transboundary environmental damage caused by dangerous activities lasted for a long time and the long process of going from the traditional state responsibility to state liability to the emergence and formation of the system of sharing damage to transboundary environmental damage has come a long way. During the evolution of the responsibility of transboundary environmental damage caused by dangerous activities, the theoretical basis guiding this transmutation evolved from the concept of corrective justice to the concept of distributional justice. The loss sharing system not only avoids the bankruptcy of the operators of dangerous activities, but also guarantees the sources of compensation through the allocation of losses. However, it is worth considering whether the system of loss sharing should return to the corrective justice by dividing the responsibility of the state under the concept of justice and the principle of distributive justice in the unified internal logic in the theoretical basis of the system of responsibility for transboundary environmental damage.