On Compensation For Environmental Damage

The environmental damage caused by human has resulted in more and more serious global environmental crisis. The seriousness, complexity and the difficulty for recovery revealed by environmental damage in reality are beyond the expression of the words. Undoubtedly, it has become the adverse factor which affects the social development and intensifies the risk. In China, the traditional laws on the compensation for environmental damage are mainly concerned about the remedy for the property damage, personal injury and mental damage as a result of the behaviors of environmental damage. In contrast to the traditional environmental infringement damage with the environment as the medium, a behavior of environmental damage is more likely to cause damage to the environment simultaneously or solely. The damage to the environment itself is a new type of damage. In China, few scholars have made research into the compensation for environmental damage which is not involved with the private rights and interests. In the thesis, the author takes it as the subject of research and hopes the conclusions and advice would contribute to the construction of the legal system concerning environment in China.Revolving around the system of compensation for environmental damage in China, the thesis includes four chapters. The first chapter begins with the analysis of the conception of environmental damage, analyzes the characteristics of environmental damage and makes the theoretical basis for the compensation of environmental damage. In the second chapter, the laws and regulations concerning the compensation for environmental damage of the United States of America, European Union and some international conventions are introduced. In the third chapter, the obligee of the compensation for environmental damage including the state administrative organs, he citizens or the associations of environmental protection is defined in China. In the fourth chapter, the scope of the compensation for environmental protection in China is probed into. In addition, it is pointed out that the items within the scope of the compensation for environmental damage should include the cost for the reasonable preventive measures, the cost for the reasonable recoverable measures, and the additional cost as well. Theoretically, the loss of the environmental non-usable value should be compensated. However, the loss should not be compensated considering the reality of China.The author hopes that the above analysis and the conclusions could make our country pay much attention to and promote the legislation and legal construction concerning the compensation for environmental damage, make the liability of the compensation environmental damage clear so as to deal with the environment and recover the ecology in time.