The Research On The Environmental Damage Compensation Of High Technology In China

In recent years, there are high-tech environmental pollution incidents, like manynuclear leak, marine oil pollution incidents and others. The public becoming aware ofthe serious harm to human health, property interests, ecological environment causedby radiation, radioactive, hazardous chemicals and other high-tech. High-techenvironmental pollution hazard is large-scale, multi-level, the process and results ofthe pollution hazards is persistent and latent. But, High-tech industry is an importantdriving force to promote the social and economic development. High-tech activity hasvalue legitimacy. Enterprises therefore, bear a disproportionate responsibility fordamages, is not fair.Compare with the developed countries, China’s relevant legislation is not fullyapplicable. About the scope of damages, it is only recognized the direct personalinjury and property damage. About limited compensation, only in the nuclearpollution and marine oil pollution areas are applied to limited liability. Developedcountries are generally established the system of social relief for the compensation forenvironmental damage. Now, we have environmental liability insurance and financialassurance. But, not widely applied. Government bailout is the only way to the socialassistance for environmental pollution.Through the comparative analysis, we should expand the scope of theenvironmental damage. Add personal expected damage, environmental moral damage,indirect damage of property and the damage of ecological environment to the relevantlegislation. High-tech industries, especially the high-risk industries, should bearlimited liability. Add environmental liability insurance in the relevant legislation.Establish the corporate finance, mutual guarantee fund, and damage compensationfund of the environmental pollution that based on the government bailout system...