A Research On The Funding System Of Damage Compensation For Environmental Tort

As a kind of special tort, environmental tort embodies the overlapping fields of environmental law and civil law. Because it causes severe impair, involves many victims, and has great difficulty in recognizing the infringer, the victims cannot claim enough damage compensation in the traditional civil remedy system and administrative remedy system. In order to protect the lawful interests of victims to the greatest extent, it is necessary to develop other ways of relief, and the funding system of damage compensation for environmental tort is a new kind of socialized relief. This system initiated in the 1960's, in which the relief to the disadvantaged victims was realized by establishing fund. Up to the present, this system has developed considerably in many countries. However, it has not been established in China. This paper deals with the profound research on this system.The first chapter deals with the concept and characteristics of environmental tort, then analyzes the insufficiency of existing civil remedy system and administrative remedy system, and proposes that the socialized relief should become a new way to redeem the traditional way of relief. This chapter also deals with the concept and characteristics of the funding system of damage compensation for environmental tort, which is one of the ways of socialized relieves, then analyzes its relationship with environment liability insurance system and its relationship with environment civil responsibility system.The second chapter introduces the funding system of damage compensation for environmental tort in Japan and United States, and analyzes the advantages and disadvantages that we can draw lesson from.The third chapter analyzes the defects on the funding system of damage compensation for environmental tort in China and the reasons of such defects, and then studies the necessity and feasibility of the establishment of this system, and gives advice of establishing this system including the overall thought and basic content.