Research On Legislation For Environmental Damage Compensation

The fatal pollution event of the Songhua River is a milestone in the history of environmental protection of China. This event proves that"Environment Crisis"is not an alarmist prediction and also provides clear incentives to the whole society to face up to the flinty challenge. Later in 2005 a series of corresponding measures were adopted. Especially"Environmental Damage Compensation Law"as one of those measures is in the eleventh five-year legislation program.Beginning with the serious environment pollution and destruction accidents happened in recent years, this paper explores the phenomena and essence of"environmental damage"from the angle of interest by comparison between environment interest with civil interests. Then this paper analyses the history and reality of environmental damage, and studies the method to cognizing and evaluating environmental damage and the compensation liability of environmental damage to make sure the legislation direction and research train of thought .To codify that the public environment and resources must not be damaged, this paper takes"environment interests"which should be the independent environmental law interest as research emphasis and emphasizes the necessity to protect it. After making sure that the"environment right"is not law right but moral right and casting back the right, the legal protection approach of environment interest is clear by comparison to civil interest.Then premising that environmental law belongs to public law, this paper advises that"Environmental Damage Compensation Law"should establish the guiding principle that the government must take on the hard task to claim for compensation of environment interest. This paper also designs the claim process, the supervision program and other accessorial programs so as to establish a whole system for environmental damage compensation. In the end this paper thinks through shortages of Environmental Damage Compensation Law, puts forward a new proposal of environmental legislation and system and surveys the ultimate way to resolve ecological damage problems beyond the view of law.The first chapter lucubrates"environmental damage"including the legal definition, the history and reality, the cognizance and evaluation measures and the compensation liability all about it.The second chapter studies"environment interest"reflectingly including the conception, the necessity of protection, the difference from"environment right", the evolvement of legal rights and the measures of legal protection all around it.The third chapter discusses the system for environmental damage compensation deep including the design approach, the claim process, the supervision program, and accessorial programs from a macroscopical view.The epilogue believes that the legislation and system for environmental damage compensation have disadvantages from the point of the applicable scope and effect and should learn from Japanese improving environment management. Besides, human should confess, wake up to the situation, and carry out the moral liability to meliorate environment and resources to absolutely resolve completely ecological damage and to realize continuable development with a harmonious relationship between humidity and nature.