Study On China's Legal System Of Environmental Damage Compensation

Environmental damage caused by modern society industrial development is getting more and more serious. Among all the relief methods, legal is obviously one of the most important ways which regard undertaking the civil legal liability as direct penalty. The environmental damage compensation, the most important and the most effective way regarding undertaking the civil liability, aims at a total filling of profit and loss and play an important role with respect of making up the victim. The vital character in the field of environment damage compensation lies in its environmental-dependant, which causes multi-level problem: Property loss, Personal injuries and some potential damage (such as "Fushan Cadmium ache disease"in the 70s, Japan). Because of the complexity, latent, endurance and universality, we need a re-consideration when designing legislation so as to consummate corresponding environmental legal damage compensation in our country.Based on combing the status of corresponding environment compensation legislation in our country, the article scans a lot of inner flaw. And after referring advanced experience in foreign country, the article attaches importance to issues regarding consummation of legislation in our country.The article begins study mainly from three points: first, flaw study and consummation method study on environment compensation legislative system. The main flaws of legislative system are: Low status inherent in legislation,Legislative blank in environment compensation legislative systerm conflict among legal files. Secondly, flaws of legal entity in environment compensation legislative system and how to consummate. If we insist on mistake principle, individual property and personal injuries will not be compensated timely, so we must break and develop a new principle; traditional causal relation theory needs a direct,inherent and natural relationship between action and damage consequence, but special characters of environment compensation make it a hard work. For this purpose, superiority evidence view, probability causal relation view, epidemic disease causes view, and causes and effects view and so on are to be illustrated. The environmental damage compensation's scope includes not only the person and the property damage, but the energetic harm; besides, this article will also carry on the analysis to the socialization of environmental damage compensation.Thirdly,limitation of legal procedure in environment compensation legislative system and how to perfect. There should be not only loose prosecution qualifications of environment damage compensation, but also inversed evidence presentation and Responsibility rule; in addition, Suitable extension of limitation of action is needed.Environmental damage compensation in theory faces many awkward and difficult positions, and nobody cheers in the reality. The "congenitally deficient" of environmental damage compensation legal regime creates the default word when laws are used in the environmental damage compensation practice. Therefore, this article steps out only a little in the long on environmental damage compensation road , but it was still meaningful for the general suffering injury populace.This article uses the comparative and value method to conduct the research . The right relief theory and the civil law socialization as tool will be analysis our country environmental damage compensation legal regime. Previous articles seldom embody the ideas which manifested in this article with regard to legislation system's flaw, the entity and the procedure insufficiency. I Hope that this article can offers a few ordinary introductory remarks for our country environmental damage compensation legal regime's consummation.