Research On The Legislative Model Of Compensation For Environmental Damage

The legislative model of compensation for environmental damage is the key point that environmental damage legislation from theoretical form to Standard form and play the role in practice. The environmental damage legislation of our country exists a huge flaw, theoretically, not only for the structural incomplete, but also some related systems in the design of a large number of gaps exist. The existing regulatory documents exists a lot of conflict and discord. Therefore, the discussion of the choice of the model that environmental damage legislation on compensation did not stop. In this context, to discuss the legislative model of compensation for environmental damage in China, choose a suitable mode to compensate for environmental damage written into legislation is the key problems for the environmental damage legislation, and enhance the status of the legal department of environmental law, the formation of the discipline system and implementation of legal value is of great significance.The paper analyzes environmental tort, environmental violations and environmental damage and the relationship between three concepts, pointed out the connotation of the concept of environmental damage is property damage, personal injury compensation and the spirit of the loss of monetary compensation. Secondly, as the structural model and system model for the two main lines ,from the perspective of comparative law analysis of the foreign country's legislative model of compensation for environmental damage and make the comparison in vertical and horizontal, at last classified as special type, decentralized, sector type, code such as a chapter-style pattern of four specific types of legislation. The paper analyzes the defects of compensation for environmental damage in China Legislative distributed structure model, and make assessment in depth of the viewpoint for the mode of choices of environmental damage legislation. The paper demonstrated in detail the current environmental damage in China chosen legislative model theoretical basis and practical basis, that compensation for environmental damage in China Legislation structural model should be chosen relatively centralized special legislation, namely the development of special procedural and substantive law. In the last the paper introduces the system model of the social system of damages, and punitive damages system, and as a basis for establishing a sound legislative system of compensation for environmental damage.