Research On Socialization Of Compensation For Damage From Environmental Tort

Environmental tort 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 environmental tort occurs, how prompt, reasonably, effectively relief victims, is the core of environmental tort relief system. This article attempts take victims benefit as a basic point, in the consideration present system foundation, proposes the socialization of compensation for damage from environmental tort, and some individual viewpoint on constructing the socialized compensation concrete system. First chapter mainly obtains from the concept and characteristic of environmental tort, by analyzing insufficiency of existing compensation obligation, proposes that the socialization of compensation for damage from environmental tort should become new relief way. After that, this part has further analyzed principle of socialized compensation. Second chapter analyzes elementary theory for the socialization of compensation for damage from environmental tort, including law, politics and economics foundation and objective of socialized compensation. Third chapter elaborates the concrete system for socialized compensation: Environment liability insurance system. The environment liability insurance system can disperse risk, and becomes relief approach in many countries. This part mainly analyzes elementary theory for environment liability insurance, including choice for pattern of environment liability insurance, scope of accept insurance, base of insurer's duty, the third party 's direct request, and insurer's compensation right. Also proposes risk dispersing and prevention in carrying insurance into execution. Fourth chapter introduces another concert system: The fund of compensation for damage from environmental tort. Throughout studying fund management in foreign counties, the author analyzes the character of fund and relation between fund of compensation for damage from environmental tort and environment liability insurance. In the fund collection aspect, from victim's benefit to embark, we must raise the fund from every way, especially from environment tax, environmental protection welfare lottery ticket and environment bond. In addition, the author tries to conceive operational mechanism, refer to setup of the fund, application qualification, scope of compensation, ascertaining the amount and effectiveness.