Theory Of Environmental Public Damages Relief Legislation

"Man and Nature" Philosophy of environmental values is the cornerstone of public relief and damages legislation. The current "anthropocentrism" and "eco-centrism" philosophy of man and nature are based on the logic of confrontation between the two. So the "harmony of man and nature in fact symbiotic" does not match the actual situation and is not suitable to guide legislation.Man has not completely control and dominate nature.So nature can not be the object of legal norms;Thus, environmental law research and legislation should be held on the basis of’human ecology centrism" concept, while maintaining the human relation to nature (including species) and priority values and limit the natural ecology of contemporary people and destruction of resources, maintaining the natural environment of human generations.The close relationship between the concept of environmental hazards does not deny the environmental public tort damage and the environment significant differences, for the former is more forward-looking."Tragedy of the commons" is an important modern economics theory, which explains well the causes of damages to environmental public.In the commons environment, rational individual choice behavior and could lead to the interests of the damage which are the tragedy of the commons causes; the problem solutions are mainly of three types:(1) "Coase Theorem" the private property market model; (2) The Government forced the complete external control of public ownership model; (3) "public affairs Governance of the Road "model of collective autonomy. Three methods have advantages and disadvantages, and none of them is independently applied. Socio-economic research shows that collective action can be avoided through the organization of "free riders", organizations need to address three issues:(1) Supply of the new system; (2) credible commitment problems; (3) mutual monitoring issues; the same time "commons relief" system design should take into account the constitutional rules, collective choice rules and the daily operation of three levels. Social psychology studies have shown that system reform, by psychological factors, individual assessment of the costs and benefits of reform is high deviation. Economics to explore the results of these theoretical studies on the environmental law and legislation has a strong enlightenment.Environmental impact of extensive public space damage and causation are mostly the victims of the complexity, and strong social characteristics and requirements of environmental law, public relief and damages to the environment to implement the unique legal principles, the unique adjustment model, the unique legal liability and law enforcement system, which has traditional public and private law division of the formation of shocks. The legal environment, public relief and damages, including:(1) the principle of public trust; (2) environmental rights; (3) New ecological theory.China’s environmental plight of public relief and damages are:(1) level of constitutional defects in the selection rules, including the absence of the principle of public participation, the state environmental responsibility is unknown, environmental justice and relief to poor supervision; (2) the rules of collective choice level defects, including system poor relief channels, with the Government’s own conflict of interest relief, relief mode single, random-based private relief, lack of social and insurance benefits means no system to protect the public right to know; (3) the daily operation of the rules level defects, including damage to various forms, difficult finding of causality the damage affected a wide range of long duration, damage and victims of proof between the economic strength and ability to inequality, the causal relationship between the difficulty of proof. (4) "presumption of fault" and the limited risk of liability in the use of the predicament.As to system of public relief and damages to the environment abroad, Britain, the United States, Japan, EU and Germany have already adopted the principle of determining the responsibility of each feature. Japan also established a quite characteristic of the environmental hazards to prevent agreements.China should establish its own system of environmental public interest relief and damages. First, the concept of the macro system, from the horizontal three dimensions to build environmental public interest relief and damages the main framework of the system, including increasing the supply system, improving the credibility of commitments and improving the supervision mechanism; Secondly, the structures on the micro system, from the vertical array of three levels for alternatives to enrich the content of the system. It includes:(1)at the level of selection rule in the Constitution, the establishment of national obligations environmental protection, environmental justice supervision, citizens environmental rights, environmental principles of cooperation in environmental protection established in the Basic Law principle of public participation in environmental protection, environmental groups and environmental self-organizing principles, environmental protection freedom of contract and other fundamental principles of law. (2) at the level of the rules of collective choice level, the principle of strict liability for environmental damage around the establishment of a comprehensive system of liability for environmental damage identified, including the definition of the concept of harm to the environment, the definition of "facility" of the conceptual framework, a clear main responsibility for the facilities management who determine the scope of damages, citing epidemiological theory of causality on the public damage to the environment to break the causal relationship between the burden of proof; establishment of environmental damage to compulsory public liability insurance system, compaction, such as environmental quality standards, the injured person is unknown or unable to victim compensation damage to the basic policy of filling methods, the cornerstone; (3) at the level of the daily operation of the rules, registration and establishment of an environmental impact report prepared by the system, environmental pollution prevention protocol system, perfection of legislation between the victim and the business interests of the division of measurement standards and tolerance levels, relaxation aging environmental damage relief request, correct choice of penalty measures, knowingly malicious polluters, major environmental accidents actors, false environmental information polluters and pollution damage caused by acts of physical health to be severely punished.