Environment Right Infringement Socialization Relief System Research

The environment right infringement accident involves the victim much , creates the harm in a big way, the right infringement person recognized the difficulty is high, regardless of the past now all is obvious to all. After the environment right infringement accident occurs, is how prompt, reasonably, the effective relief victim, is the environment right infringement relief system and the core and the home to return to. This article attempts take victim's benefit as a basic point, in the consideration present system foundation, proposes the environment right infringement socialization relief new thought, and constructed regarding the socialized relief concrete system proposed some individual viewpoints.First chapter mainly obtains from the environment right infringement relief concept and the type, through the analysis existing relief way civil relief and the administrative relief insufficiency, proposed the environment right infringement socialized relief should become the third relief way which coexists with the civil relief and the administrative relief. In this foundation, has further analyzed the environment right infringement socialization relief legal principle theory of law foundation.Second chapter elaborated the socialized relief concrete system with emphasis: Environment right infringement liability insurance system. The environment right infringement liability insurance formidable disperser and passes the burden the risk function, deeply is polluted the enterprise and the pollution accident victim's favor. This chapter, solved this system to construct with emphasis the difficult question: The accumulation pollution accident insures the question, the environment liability insurance safe pattern question, the third human of direct request power question. And regarding the liability insurance quota principle, environmental protection department's authority and so on also has involves.Third chapter key introduction socialization relief another concrete system: The environment right infringement public compensates the system. First, the author chose in the world the environment right infringement public to compensate system most complete country Japan "Environmental damage Healthy Compensation method to take the elaboration the beginning, carried on the appraisal to this system advantages, had the model by the time to our country this system establishment. Next, the author thought this system constructs the core should be public compensates the fund the collection and the payment. In the fund collection, from protects victim's benefit to embark, thought must from raise the fund in everyway, and elaborated the fund collection two kind of important channels : environment tax revenue and the environmental protection welfare lottery ticket with emphasis. In the fund payment, had expounded with emphasis compensates the fund payment the condition and the scope.