Discussion On The Damage Compensation In Environmental Tort Socialization Of Socialization

Environmental tort liability socialized system is through insurance or compensation fund or administrative compensation’s approach, premiums or public accumulation funds paid by polluters, the risk of damages would face onto the insurance company or to be shared by the whole community. This system had been founded by developed countries, and verified by its own juridical practice, it proved that its remedies were more effective when assisted environmental damages.At present, China’s legislation in this field is still in the initial state, the current situation of environment pollution and destruction is still grim. Relying on the existing " Tort Liability Act ", relief effect is not ideal, because: the loss of one hand, environmental pollution and damage led to not only the loss of personal interests and the interests of the property, but also a huge loss of ecological benefits,its consequences were often very serious, the power of that company which had polluted or damaged the environment was quite weak; the other hand, compared with the general way of tort,environmental pollution and damage has those characteristics that the diversity and complexity of tort way and long-term of the consequences and the concealment of the causal relationship. Those cause great difficulties in confirming the act of environmental pollution and damage. China’s environmental protection challenges to China’s current "tort Liability Act". Therefore, legislative study of environmental tort liability system socialization has important theoretical and practical significance.In this paper, the research of environmental tort liability system socialization aims to learn from foreign advanced system, improve and build our respective system,this paper discussed the basic theory of environmental tort liability system socialization: author firstly defined the meaning of environmental tort liability socialization, that: environmental tort liability socialization--which is conducive to the traditional civil liability system of adjustments or supplement--is in the field of environment tort as a benchmark which based on the concept of social standard. And described the historical evolution of environmental tort liability system socialization,by analyzing the environmental tort liability system socialization’s motivation, author showed the significance and value for environmental protection by establishing environmental tort liability system. Second, respectively, based on law, economics and ethics, author make a depth-analysis of the theoretical, that: It is a system thatembodies a kind of division of responsibility for law concept and truly reflects the law of equity, justice. It could ensure the overall protection of social benefits and could reduce risk. First of all, the system reflects protecting the interests of victims, then it timely ensures to renovate environment through better economic compensation. In order to achieve reasonable people, related institutions must make sure that the use of limited natural resources and ecological environment reasonably, it’s also help to achieve sustained economic growth and available sustainable development of environmental resources. Control the distribution of the pollution damage to the environment responsibility from the social dimension, establish the human and the nature harmonious unification of ethics. Depending on the basic theory of environmental tort liability system socialization, we discussed the America’s "Superfund system", France’s "environmental liability insurance", Japan’s "pollution compensation compensation system", all those, whether legislative concept and judicial practice or specific systems, have good reference significance to China. This paper analyzed the characteristics, discussed our country how to learn from the content. But China’s current social environment of tort liability system in the legislative concept and the type of the system have some deficiencies, this paper analyzed the reasons for putting forward recommendations to improve and build the tort liability system. Considered the view of this situation, our country was mainly going to improve and build the following system: First, improve the current environmental tort law system, and secondly, improve environmental liability insurance, third, establish environmental compensation fund system. The author based on the analysis and argument to construct the specific system.