The Research On Economical Guarantee System For The Relief Of Environmental Tort

The economic guarantee system of environmental tort relief means that when the pollution projects lead to the occurrence of environmental damage, the interested parties of environment have rights to require the proprietors of pollution projects to provide them with guarantee measures in the economic form by legal procedures so that the timely sufficient relief will be got whenever some specific environmental damage happen in the future. There are all kinds of forms of the economic guarantee measures, including environmental relief reserves, financial guarantee from the third party, property guarantee, insurance of environmental liability, environmental fund and so on.As the effective form and necessary requirement of guaranteeing the public's environmental right to be realized, the economic guarantee system is the key link of settling the shortage of the environmental tort relief, the important embodiment and essential measures of the principle of the prevention focus and the polluter-pays principle, the effective channels to improve the level of the public participation in environmental protection.The economic guarantee system have been comprehensively using in development countries,but it is basically blankness in our country nowdays, not only environmental relief reserves, financial guarantee from the third party, property guarantee, which are the imporant parts of the economic guarantee system, are involved deficiently, but also insurance of environmental liability and environmental fund, which the circles of theory pays more attention to now, lacks of adequate legislative foundation.The article bases on the logistic jumping-off point that a study of several basic law categories related to the environmental tort, analyse thoroughly the concepts of environmental tort, environmental tort relief, economic guarantee system of the environmental tort relief, studies emphatically the existing reality and theoretical grounds of the economic guarantee system,the present international and domestic practice, focus on the key issues of economic guarantee system's patterns, starting point, justifiability, elements of entity, the limitation, makes some legislative recommendations on how to establish our country's economic guarantee system of environmental tort relief.