Research On Improving The Damage Compensation In Environmental Tort

The problem of environment is one of the most important problems in our society. There are many different aspects between environmental tort and traditional tort. So the traditional system for the infringement relief can not work well for the environmental tort. The law about the infringement relief for the environmental tort is not prefect, many systems are building. And the most important problem is that the casualty in the environmental tort can not gain enough relief at the same time the tortfeasor also has considerable loss. The two phenomena may hinder the development of economic and society. In one hand the casualty can not gain the enough relief then it will bring many social problems which can intensify the social contradiction, in the other hand there are some problems for the corporations because they always consider they may be published because of their behaviors. This dissertation tries to analyses the current damage compensation in environmental tort through the fairness and the order and finds the key to these problems.The first chapter is about the basic theory of environmental tort and damage compensation in environmental tort. Firstly the writer introduces the definition and the character of the environmental tort. The second section is about the damage compensation in environmental tort. In this section the writer introduces the definition, the character and the composing of the damage compensation in traditional tort then introduces the definition and the character of the damage compensation in environmental tort and analyses the difference between the two..The second chapter is about finding the limitations in the current system of damage compensation in environmental tort through the fairness and the order. The first section is about the fairness and the order. In the second section the writer analyses the limitation of the compensation principle from the angle of the fairness and the order. In the third section the writer analyses the limitation of the main body of damage compensation in environmental tort.The third chapter analyses the key of the system of compensation for damage from environmental tort in our country. The first way is changing the compensation principle. The second way is the socialization of compensation for damage from environmental tort. The writer also analyses the rationality of the two ways through the fairness and the order. The forth chapter study the methods of the improving the damage compensation in environmental tort. Firstly the writer introduces the system of the environmental liability insurance. This section introduces the definition of the environmental liability insurance then analyses the possibility and the necessity of it. After that it analyses the current situation of the systems of the environmental liability insurance in the world and find some problem in them. The last is some suggestions coming from the writer which include the model of the insurance, the underwriter, the range, the escape clause and the fee. The second section is the fund of the compensation for damage from environmental tort. In this section the writer introduce the definition of the fund of the compensation for damage from environmental tort then analyses the possibility and the necessity of it. After that the writer introduces the situation of it and gives some suggestions. The third section is the system of the social security. It is the last guarantee for the casualty when the above systems do not work. The last section is the relation among the three systems and the procedure of the compensation.