Research On The Socialization Of Damage Compensation In Environmental Torts

The scientific and proper design of mechanisms for the damage compensation in environmental torts has become a must so as to fulfill the Concept of Scientific Development, to adhere to Human-Oriented idea, and to build a Harmonious Society. Yet currently, there is still considerably serious environmental pollution in China, and the environmental torts are increasing in scale. Due to the imperfection in the compensation mechanisms for the victims in the environmental torts, it is hard for the victims to get timely and sufficient compensation. Based on the socialization of benefits and rights, and furthered into the socialization of obligation, the dissertation comes up with the topic of the Socialization of Damage Compensation in Environmental Torts (SDCET). With comparison to the relevant SDCET mechanisms in some districts and countries, the dissertation is intended to offer a blue print for the relevant systems in China, purposed building a Harmonious Society and promoting the development of national economy. Considering there is not abounding specific and comprehensive research on this topic in China, the author wishes the dissertation would turn out to be valuable reference for legislation, especially the current legislation on Cyclic Economy.The dissertation comprises eight Chapters. Chapter One discusses the fundamental elements of damage compensation in environmental torts. It first analyses and compares the different parlances of environmental torts, and demonstrates the nature of environmental torts. Then the environmental torts are compared with the traditional civil torts, and with such comparison, the characteristics of environmental torts are drawn. Those characteristics determine the special damage compensation requirements. The analysis of the current compensation mechanisms also presents the problems and difficulties in current damage compensation in environmental torts.Chapter Two offers a brief analysis of SDCET. Directed at the difficult situation brought up in the previous chapter, an idea of SDCET is proposed in this chapter. Some international organizations and developed countries have made states, communities, and majority of enterprises and persons shoulder and share certain individuals' burden of compensation in environmental torts. By analyzing such phenomena, the chapter arrives at the concept of SDCET and gives it a tentative definition. Then it digs into the underlying reasons about the existence of such SDCET. A rough introduction of relevant mechanisms is then presented, including environmental liability insurance system, financial security system, administrative compensation system and social security system, followed with a discussion of the legal characteristics of SDCET.Chapter Three introduces and discusses the first actualization manner of SDCET—environmental liability insurance(ELI) system. Beginning with introduction of the concept and types of the ELI, the chapter focuses on the ELI's legislation models and its functions and limitations in practice. Further study is done on the practical operations, including insurance methods, insurance institutions, applicable scope, premium, limits on time for claims and liabilities. In the end, the chapter offers advice on the avoidance of potential moral risk in ELI.Chapter Four addresses a second actualization manner of SDCET—the financial security system. The chapter firstly makes a research on guarantee and its characteristics, followed with the concept and forms of financial security system in SDCET. The legal characteristics of the system are analysed by comparing the financial security system with the environmental deposit system. Because of the rare study on the financial security system in this field, the chapter relies reasonably heavily on the reference to financial security models set in Japan Mining Law, which discusses the applicable scope, collection of financial security funds and the implementation of the system.Chapter Five deals with a third actualization manner of SDCET—the administrative compensation system. The chapter first gives a thorough discussion of the underlying theory for such system in SDCET. With comparison to other relevant legal systems, the chapter arrives at the characteristics of administrative compensation for environmental tort damage. Afterwards, it discusses the operation of the system, including the source of funds, its applicable scope, the conditions eligible for compensation and other fees, and also evaluates the feasibility of the system.Chapter Six presents an analysis of a fourth actualization manner of SDCET—the social security system. With comparison to the functions of the social security system in other areas, the chapter focuses on the reasons of social security system's spreading into damage compensation the environmental tort. It also studies the practical operations, such as its operational models, system selection and operational rules.Chapter Seven gives a brief analysis of the practice at the level of international law. The typical international performance of SDCET lies in the nuclear damage compensation and oil pollution compensation. Relevant international conventions are introduced in the chapter, and their structures and contents are thoroughly studied. These international conventions present very strong operational advantages, and can guide both the establishment of similar cooperation at the international level and the designing of related mechanisms within a country.Chapter Eight is basically of reviews and prospects on the SDCET in China. Through a comprehensive study on the relevant systems in China, the chapter arrives at an overall evaluation of the current situation and achievements. With a deep research on the necessity of perfecting and developing SDCET mechanisms in China, the chapter concludes that the key in this process is to rely on the practical situation of China, insisting on distribution justice and ecology justice. Finally, the chapter offers brief advice on the perfecting and developing of SDCET mechanisms in China.