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The Harmonious Society And Construction The Funding System Of Damage Compensation For Environmental Tort

Posted on:2008-09-07Degree:MasterType:Thesis
Country:ChinaCandidate:Z G ZhaoFull Text:PDF
GTID:2166360242456661Subject:Environment and Resources Protection Law
Abstract/Summary:PDF Full Text Request
Environmental tort is a special tort. Because it causes severe damage , it 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. Therefore, in the context of building a socialist harmonious society, we think that our country should establish the funding system of damage compensation for environmental tort, in order to protect the lawful interests of victims to the greatest extent.The funding system of damage compensation for environmental tort is one of the ways of socialized relieves that is different from civil compensation and environmental liability insurances.It adopted a variety of ways to raise the compensation fund for victims eligible for direct relief, implementation of the results of the damage, "the loss-sharing", so as to save the persons responsible for the violations found to make up for a civil compensation, executive compensation and liability insurance relief to the victims of the deficiencies.Meanwhile, to build a harmonious society to construct the funding system of damage compensation for environmental torts has provided a rare opportunity. This is because the funding system of damage compensation is inherent requirements of harmonious society. It achieves the balance of victims survival and economic enterprises, economic development and environmental protection to achieve the fairness, justice, democracy, rule of law and other goals. At present, the funding system results in a series of problems affecting the construction a harmonious society. Therefore, we must construct the funding system of damage compensation for environmental tort in order to achieve harmonious society.Therefore, the U. S. A and Japanese system is important for us to study . American "superfund" requires the person of environmental tort can not be identify or no ability to pay, the superfund must pay compensation of victims. Japan's health hazards as long as the victim compensation system provides victims with the designated areas, designated diseases and certain period. These three elements specified period of the disease and exposure can be compensated for the relief fund, a compensation quickly and in a timely manner, protection of the legitimate rights of the victims. However, the above two system still exist some problems. For example, superfund has also revealed that the recovery is small and low efficiency in the operation of the fund.We think that we should learn from Japan and the United States public environmental damage compensation on the basis of successful experiences. Construction the funding system of damage compensation for environmental tort must include its source of funds for payment and fund management institutions and other contents. And our country should expand the fund sources in the funding system, by sewage charges to levy pollution tax and environmental welfare lottery to collect funds, including the state' s financial allocation. Finally, in order to carry out the system , our country should set up some organizations and provide the corresponding personnel.
Keywords/Search Tags:Environmental Torts, Harmonious Society, Funding of Public Compensation
PDF Full Text Request
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