Study On Socialization System Of Compensation For Damage From Environmental Tort

The environmental problems have been more and more serious with the development of urbanization and industrialization. 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. Therefore some developed countries have established a relatively mature legal system of Socialization of Compensation for Damage from Environmental Tort, such as Environmental Liability Insurance System and Environmental Damage Fund System and so on.The Environmental Tort Relief System have encountered bottlenecks in the development of our country, the relationship of interest between the infringer and victim can not be balanced and fully protected. We should learn from the successful experience of Western countries, and in according to our national conditions, to solve the problems we faced, which is caused by environmental pollution and ecological damage but accompanied by inadequate or ineffective relief. In this paper, the author expatiated the theoretical basis of Socialization of Compensation for Damage from Environmental Tort, then analyzed comparatively the foreign-related system, and at last proposed to build the leagal system of Socialization of Compensation for Damage from Environmental Tort in line with China's national conditions.This article is divided into four parts. The first part focused on"environmental tort damages","Socialization of Compensation for Damage from Environmental Tort"and other related concepts to define each meaning, then it focued on an analysis of the specificity of environmental tort. The second part started from the social theory of law, on which the system of Socialization of Compensation for Damage from Environmental Tort builded, discussed the theoretical foundations, such as the theory of fairness and efficiency, the theory of conflict and balance of interest, sustainable development theory ,as well as the theory of relief. The third part discussed some typical foreign Socialization of Compensation for Damage from Environmental Tort, especially focused on the environmental liability insurance system of the United States, Germany, Sweden and so on, and the environmental fund system of the United States, Japan. Based on above, the paper sumed up the experiences and lessons from foreign practice about system of environmental liability insurance and environmental fund for tort damages. The fourth part is most important in this article. Based on the former discussion, in view of the deficiencies of China's environmental tort damages system, the paper gave some ideas on the construction framework of environmental liability insurance system and environmental tort damages fund system.