关键词: 生态破坏责任, 严格责任, 过错责任

Abstract: Article 64 of the newly revised Environmental Protection Law stipulates that Tort Liability Law should be applied to ecological destruction liability but the imputation principles for ecological destruction liability are not explicitly stated. Whether ecological destruction liability applies to the principle for rigid liability or the principle for fault liability， or both， is still in the debate among the academic researchers. Due to the lack of a clear basis for judicial practices， similar cases may end up with very different trials. It is argued that ecological destruction is hazardous， which conforms to the imputation principle for rigid liability. Therefore， a special law for environmental tort at an adequately effective legislative level should be laid down based on Article 2 and Article 7 of Tort Liability Law， and it should be clearly stated that ecological destruction should apply to the principle for rigid liability.

Key words: ecological destruction liability, rigid liability, fault liability