| As a kind of special tort, environmental tort causes severe impair, 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. And we need to find new ways and theoretical perspectives to relieve the victims in the face of the huge amount of compensation. The socialization of damage compensation in Environmental Torts through the fund has become an important way. Up to the present, this system has developed well just in the Mining Law of Japan and International Oil Compensation Fund, However, it has not been established in China. This paper deals with the profound research on this system.The topic of the article is on enterprise corporation fund system. Through the method of literature reviews, comparative analysis and theory with practice analysis, on the basis of using system in Japan and International Oil Pollution Compensation Fund, depending on our country's national condition, this article expands the perspective of research, deepens theoretical research. The research include: 1.study and master the system for details through discrimination with other implementations for Environmental Torts ,such as environmental liability insurance system , public compensation fund system and the escrow payment system. 2. I focuse on the source of the enterprise corporation fund system and select the system in Japan and International Oil Pollution Compensation Fund to introduce, and due to the situation of China, I propose to expand the sources of funding to relieve the victims of environmental damage more effectively. 3. I discuss the Fund's organizational form and select a suitable foundation for China's development model, which are industry associations and corporate foundations,. Then the organizational structure of corporate foundations are described. 4. I present how to build the system, include the payment, the orgnization of management, management and effective administration and supervision system, which need to be clear and understand.For our environment, the growing seriousness of the infringement, the rights of victims need to adopt new remedies for protection, this is also the idea of the theoretical system innovation in the context of building suitable for China's mutual fund business. |
