Study On Socialization System Of Compensation For Damage From Environmental Tort

The environment problems have been more and more serious with the development of the economy. As the environmental tort is a kind of serious infraction to social rights and interests, the compensation remedy for damage from environmental tort cannot only be an individual issue but a social problem. What's Japan, Germany and other countries'litigation on the socialization of compensation for damage from environmental tort(the following is simplified as SCDET) have played great roles on the economic development as well as the right's protection of victims. However, the system of SCDET has not been constructed yet in China, which has lag behind other countries."A right without remedy is not a right". In order to maintain victims'rights as well as realizing the whole benefit of the society, it has theoretic and realistic significances to China nowadays by the system construction, which are liability insurance, funds and national payments of compensation for damage from environmental tort.Besides preface and conclusion, this paper is divided into 4 parts.The first part analyzes the basic theory of SCDET. On the basis of explaining environmental tort's definition and features, the paper points out the principal and range of environmental tort remedy. After setting forth the origin of SCDET, the author believes that SCDET refers to look on the damages as social damages and providing the victims timely and efficient remedies. The paper also points out the SCDET's function, especially on some occasions such as the tortfeasors refuse to remedy, unable to remedy, be difficult to be fixed on or they have some escape excuses.The second part emphasizes on analyzing the theoretic foundation of SCDET. From the angle of ethnics, the SCDET system incarnates companies bearing the social liability as well as the result of harmony between justice and benefit. From the angle of economics, balancing the interests of cost is one of the motivity of SCDET by the reason of external diseconomy of environment issues. From the angle of law, only by the way of balancing so many conflicted rights, so that it can realize the basic values of law: equity and justice. At the same time, the jurisprudence theory that"right needs remedy"showing the victims should obtain essential remedy when the damage occurred to reach law's responses to morality.The paper brings the comparative analysis on the SCDET system of other foreign...