Research On Compensation For Environmental Damage Under The New System Of "Environmental Law"

In the past one hundred years, the environmental damage incidents have taken place frequently,and the types and results of the environmental damage are complex. In fact, the environmental damage in human society is more serious than any other damage, especially the influence of the number of population, the scope and the time. Environmental damage such as disease in Japan and oil spill events in the gulf of Mexico brought huge lose to the victims. It leads to the disadvantages of the traditional ways of civil relief because of these special attributes, so the traditional ways in relief on the basis of the personal responsibility cannot meet the demands of modern environmental damage. Thus, besides the traditional methods, we must explore the new way of relief.Environmental damage compensation fund has not set up legislation in our country, but it has played an important role in foreign countries and become an important part of environmental damage relief.This paper studies from the traditional relief way and the environmental damage compensation fund through the comparative analysis method, and it finds the advantages of the latter; this paper also sums up experience from the funds developing in the field of environmental protection at home and abroad by the method of historical research; Besides, this paper proves the opinions from a large number of books and websites through the empirical analysis.The article thinks that environmental damage compensation fund is through the specialized rescue funds which are given timely and effectively to victims, which belongs to an important part of social relief ways and has the nature of social benefit and the civil compensation. Firstly, the author summarizes the environmental damage compensation fund has the characteristics of reveal, public welfare and complementary, and points out that environmental damage compensation fund system is wider than the environmental liability insurance and mutual funds, what’s more, it has the obvious advantages in the sources of funds. New Environmental Protection Laws(Environmental Laws)opens the new processes of social relief, and the legislative principles and concepts highly fit the principles of environmental damage compensation fund system, undoubtedly contributed to the research of legislation of environmental damage compensation fund system. Secondly, this paper thinks that the complex environmental damage results and current relief can not meet the demand, so we must establish environmental damage compensation fund system; The mature of socialization of civil liability and sustainable development theory and the appearance of regional pilot such as Marine oil pollution fund and the China environmental protection foundation together with set up environmental damage compensation fund system. The author concludes from multiple perspectives that our country needs to build the system urgently, and if objective various conditions is mature, we will reference the super fund system in the United States and the pollution compensation system in Japan, summarizes that it has instructive inspiration to our country. Finally, we discuss the environmental damage compensation fund system of our country, regard as a legislative body by the standing committee of the National People’s Congress and as reference by the basic principles of civil law; Multi-channel broaden the channels of funding sources, especially deal with "tax fee" andthe problem of governmental financial support; set up fund management organization longitudinally and internal organs reasonably, and provide internal and external supervision and reasonable relief way for the operation of the fund.