With the development of economy and science and technology，environmental tort issues are becoming increasingly
prominent. Both in theory and in practice，scholars dispute over whether illegality should be the constitutive elements of the
environmental tort liability. Negative attitude is contrary to the traditional civil law theory. Although environmental tort liability
is a special tort liability，it is still tort liability in which illegality is the constitutive element. However,we should understand
the“illegality”from a new angle，expanding and extending the connotation of illegality. The meaning of illegality refers not
only to violation of the environmental laws and regulations，but violation of principles and spirit of protecting man’s rights and
interests in constitutional law，civil law and other legal norms. Setting the standard for illegality of environment tort will protect
the victim’s rights and interests without hindering the development of social economy，and therefore will help effectively curb
the increasingly serious environmental problems.
