On The System Of Compensation For Countries In Special Circumstances The Infringement Remedy

The serious pollution of environment is bringing on more and more cases on tort compensation for damage as the development of market economy and the deepening course of industrialization. It relates to safeguard legal rights and interests of victims from the pollution of the environment and a series of serious social questions of social justice and social stabilization and social harmonious development whether tort victims are remedied effectively according to law. So, the tort cases from the pollution of environment arouse deeply concern of legists and the masses, the way of settling the dispute of environment tort mainly is by civil lawsuit or administrative remedy system according to general theory and practice of tort law, namely rescuing the victims from the pollution of the environment by undertaking individual liability. Settling the dispute of environment tort according to general theory and practice of tort law isn't fit for the social development and is hard to rescue the victims from the pollution of the environment. Therefore, it is a new important way of safeguarding legal rights and interests of victims from the pollution of the environment in current legal system by consummating general theory of tort law about the pollution of the environment and renewing interpreting criterion of liability and causation and irregularity and behavior transgression and putting forward new doctrines on principle of no-fault liability and inferring theory of causation and legitimacy theory of torts and the theory of disregarding of corporate personality. Even so, there still is a kind of victims of the pollution of environment who can't obtain enough legal remedy. The way of rescuing the victims from the pollution of the environment by taking on individual liability can't settle all of the environment tort disputes. For example, obligate individuals aren't able to pay off or are incapable of compensation;subjects of liability for the torts can't be confirmed;obligate individuals without property was dead;enterprises of liability for the torts was bankrupted or written off or dismissed;subjects of liability for the torts without sound reason was exempted etc. As far as this kind of tort cases of the pollution of the environment (that are generalized as special environment tort cases in the article comparing with general environment tort cases by taking on individual liability) legal rights and interests of victims from the pollution of theenvironment is hard to be rescued enough, even though the theory and legislation of rescuing the victims from the pollution of the environment by taking on individual liability has already established and consummated. If the special environment tort cases can't be remedied in legal way, legal rights and interests of victims will be serious damaged and they will get into hot water, further more it easily arouses social turbulence effecting social harmony and stabilization. Hence, how to constitute national compensation system in china (namely administrative compensation system in developed countries) presents in front of legalists and legislators. The dissertation includes several parts: concept and characteristics and behavior forms of special environment tort, shortage of current legal system on rescuing the special victims of the pollution of the environment;constructing fundamental theory and analyzing of effect and profit on national compensation system (feasibility of constituting national compensation system);brief introduction of experience of dealing with the special environment tort cases in developed countries;constituting suggestions of national liability system . Hoping to cast a brick to attract jade and hoping to make a little contributions to the actual consummation of legal system of environment.