Research On The Public Compensation System Of Environmental Torts

"A Right without Remedy is not a Right"Just as the legal maxim said,"where the Right is ensured, there is a damage remedy"was the cornerstone of existence of human ideal about fair and justice. With the worsening of pollution and deterioration of environment, environmental torts and remedies caused by nuisance had become a big social problem in China. Environmental rights come into existence because of the mankind environment had become worse and the government had paid more attention to environmental protection. Environmental torts as a special torts type, was not a systematic research area. Legislation related to environmental torts had many shortcomings, for example, the doctrine of liability fixation, terms of the responsibility of environmental torts and the legal status of environmental rights, and traditional theory about litigation prescription couldn't ensure the litigation rights of environmental torts victims. In traditional public and private dual legal structure, the remedy of environmental torts couldn't be achieved satisfactorily. In developed countries, they had been seeking another way of the remedy of environmental torts. In public, private and social triple legal structure, the remedy of environmental torts could be greatly improved. With"the compensation system of environmental torts"as the cut-in point, combined with the characters of environmental torts, analyzed the differences between civil compensation, state compensation and public compensation, then defined the public compensation for environmental torts; and then, discussed the ideological foundation and value foundation of the establishment of public compensation system in China; at last, proposed the concrete speculation about establishment of public compensation system in China.The definition of public compensation for environmental torts. On one hand, discussed the meaning and nature of public compensation of environmental torts; civil compensation was remedy from civil law, state compensation was remedy from public law, but, public compensation was remedy from social law. The public compensation system belonged to social...