The Research On The System Of Environmental Damage Compensation

Environmental damage refers to the damage that the actor caused to others through environmental pollution and environmental destruction. As a special tort conduct, environmental damage has its own features, such as unequal subjects, valuable causal action, complex damage process and serious consequences etc. Where there is the damage, there is a remedy, so has the establishment and development of the legal system of environmental damage compensation. It has two handling ways, one is individual compensation, and the other is social compensation. Individual compensation is the compensation that the actor accepts liability himself for the damage he caused when he is fixed or can be fixed. Social compensation, which also is known as social relief, gives remedy to victims by special social organizations when individual compensation fails. It has the effect of relieving victims timely, adequately and validly. Individual compensation is the basic way and can be achieved by administrative handing or civil lawsuit. The administrative handing way in our country has many defects, but can be perfected by drawing lessons from overseas advanced system. The way of civil lawsuit gives full play to environmental damage compensation and is in the core of the system, but is still faced with many obstacles. It is necessary to modulate some of its important problems such as doctrine of liability fixation and causation etc. The doctrine of liability fixation of environmental damage compensation is not single, but a system which is based on the principle of no-fault liability. The features of environmental damage make the affirmation of its causation flexible. So come the theory of causal presumption. Social compensation is in supplementary place, environmental liability insurance and the fund of environmental damage rescuing are the two important patterns and are feasible in our country now. So they should be placed on the track of legal system building.The system of environmental damage compensation should see the principle of coordination development as guide, give consideration to both parties, contain individual compensation and social compensation. The example draft of environmental damage compensation law is just a try. All these should be established and arranged reasonably in our country's future environmental damage compensation law.