Comment On Socialization Of Civil Liability In Environmental Torts

In order to carry out "people-oriented" scientific development theory and build a harmonious society, we are inevitably demanded to build a scientific and reasonable compensation system in environmental tort. At present, environmental pollution in our country is very grave: the large aggrieved party relating to the environment tort accidents and the difficulty of recognizing the infringer are obvious to all, disregarding in the past or at present. Since in our country there exists a defect in environment tort compensation for damages system, thus causing an aggrieved party to be unable to get the sufficient compensation in time. Based on the benefit of the aggrieved party and consideration of its currently in effect system, the dissertation tries to bring forward a new visual angle toward socialization of civil liability in environmental tort and some individual points about the concrete system to socialization.In the first chapter, the dissertation introduces laws and statutes about civil liability in environmental torts in our country, appraises these regulations and sum up the insufficient in the subject.In the second chapter, the dissertation has set forth that socialization of civil liability in environmental tort is a developing trend. Firstly, it sums up and points out the characteristics of environment tort after deeply comparing environmental tort with traditional tort. These characteristics have decided the special demand on environment tort compensation for damages. By the analysis on limitation to environment tort civil liability system in our country at present, the reasonableness and necessity to build environment tort civil liability socialization system in our country are made clear and definite.In the third chapter, the dissertation introduces some modes to implement the environment tort civil liability socialization, analyzes the advantages and disadvantages of these modes, and foreshadows the building of environment tort civil liability socialization in the next chapter.In the fourth chapter, the dissertation has set forth two ways of environment tort civil liability socialization: environment liability insurance and environment tort compensation for damages fund. Firstly, it introduces environment liability insurance in some countries and regions, and brings forward some advice on the building of environment liability insurance in our country. Secondly, it introduces environment tort compensation for damages fund in overseas countries; on its basis, attempts to build the operation mechanism of its fund, including the fund organization institution and the range of compensation for damages fund, etc.