An Exploratory Study On The Social Relief Institution In Environmental Tort

At present, the environmental tortious incidents have already become the fatefulissues the human beings facing together by following the incoming high-risk stage andthe serious status quo of the environment.At this critical period, the ways traditionally to deal with the environmentaltortious issues in China have been based on civil action and administrative adjustment.Nevertheless, due to the particularity of environmental tort, the traditional reliefinstruments have been challenged by the types of the new situation of theenvironmental tort. Therefore, apart from the traditional relief instruments, it isinevitable alternative to find more innovated and suitable institution to relieve the rightof the environmental torts. The development of the social relief institution inenvironmental tort has been emerged under this background.Presently, some of developed countries have finished lots of empirical studies andaccumulated experiences with the fruitful performance in the social relief institution inenvironmental tor. However, it has not built the corresponding institution in China sofar.In this dissertation, it will have the comprehensive and depth study in the socialrelief institution in environmental tort. In particular, on the basis of the considerationabout the relevant institutions of the developed counties, combining with the specificcircumstances of Chinese current institution, proposing the establishment of Chinesesocial relief institution in environmental tort from the new perspective, meanwhile,sharing some personal views on the establishments of these institutions, thisdissertation is divided into six sections which outlined below.The initial part is the introduction part. It describes the background and significance of topics and presents the objective illustration on the current researchstatus of the topic. Moreover, it outlines the key; difficult knowledgeable points andcritical contributions coupled with the research method.The second part takes the particularity of the environmental tort as the startingpoint. Subsequently, it points out that the shortcomings and the existing problems fromthe current institution of compensation for environmental tort through analyzing on thestatus quos of the Chinese environmental tort.The third part describes the progress and demonstrates the theoretical foundationof the social relief institution in environmental tort by applying the environmentaljustice theory; the theory of the equity interests and the risk of social responsibilityprinciple.The forth part emphasizes on the review of the experience from the national socialrelief institution of compensation for environmental tort. Next, through thecomparative research, it intends to find the adequate experience which is fit for thenational institutional mode and design.In fifth part, it analyzes and demonstrates the necessity and feasibility of theestablishment for the social relief institution in environmental tort. Because theestablishment of each institution will involve its theoretical; economic; political andcultural background, thus, it has to solve the issue of the necessity and feasibility whilethe state is establishing a new institution.The last part analyzes the design of the national social relief institution ofcompensation for environmental tort. In essence, it establishes the social reliefinstitution in environmental tort model, which incorporates the liability insurancesystem mainly, supplemented by funds system of public compensation, under theguidance of the theory of environmental justice.