Environmental Tort Liability For Social Research

Environmental tort is special tort, it is occurred because of human activities which leading to environmental pollution or ecological damage, to harm other personal rights, property and environmental rights. Environmental tort cases compared with the general tort cases have many features, such as more victims, more harmful and difficult to define which make the Infringement. After environmental tort occurs, the environmental tort relief system is faced a strait problem between to prompt, effectively relief victims and to protect the sustainable development of enterprises. This article takes enterprise and victims benefit as a basic point, in the consideration present system foundation, proposes the socialization of compensation for damage from environmental tort, and some individual viewpoint on constructing the socialized compensation concrete system. The articles divided into six parts:The introduction elaborates the origin, background, research purposes, significance and methods of the article.First chapter obtains from features of environmental tort, by analyzing insufficiency of existing compensation obligation, proposes the socialization of compensation for damage from environmental tort and the specific implementation modalities of this system.Second chapter analyses two basic of the socialization of compensation for damage from environmental tort: The social foundation and the legal foundation. Among them, environmental tort liability of the socialization of social basis include the development of economy and technology,the development of insurance of liability, Legal basis include the establishment of social justice, the development of fairness and justice and establishment of no fault liability. Third chapter introduces the experience of foreign countries. Through analyzing of different experiences, find a system suited to our country's way.Fourth chapter elaborates two systems of the socialization of compensation for damage from environmental tort: environmental liability insurance system and environmental damage compensation fund system. Through analyzing the feasibility and necessity in China, and consider the situation of insurance and fund, to design the concrete content. Another, propose some recommendations for the system.Conclusion through the paper summarized, at present ,we need the establishment of environmental tort compensation in this situation to realize the socialization of liability insurance and, at the same time, China's current fund also have the responsibility for environmental tort compensation ability. Therefore, our also can should establish environmental liability insurance system and environmental tort compensation fund system.