Study On The Mode Of Social Remedy To Environmental Damage

The whole world is in the peak of industrialization development. Industrialization supplys the important material guarantee for economic and social development, at the same time, produces environmental pollution, which greatly exceed the level of environment self-purification. Environmental pollution brings great damage to human beings through human survival environment. In addition, emergency pollution accident occur repeatedly for the poor management and sudden natural disasters. The norm of the environmental pollution and idiopathic dual function resulted in serious health damage, property and environmental factors damage.Remedy Precedes Rights,Victim's rights must get relief. The contradiction between infinite right remedy demand and the limited relief resources from pollution enterprises and country caused Victims difficult to obtain sufficient remedy. In addition, the environmental tort line itself has value justification, causality recognized difficult, unscientific disclaimer reason, prescribed period for litigation cause existing relief system unable to meet practical needs. In this background, for protecting justice, stable social order and sustainable development needs, all civil and environmental law focus on the social remedy to environmental damage, whose main contents is environmental damage remedy.For remedy the victims of environmental pollution, all country actively study constructing environmental damage socialization relief way. To sum up, basically have environmental liability insurance, administration presentation, compensation fund, prior special pre-deposits and social insurance five categories. Each kind of basis. From the deserved point of view, environmental damage remedy mechanism, should be form of various remedy ways .But the general level of China's current social development, the willingness of enterprise undertaking social responsibility, the overall ability of constructing social welfare, native practice of relief way and other subjective and objective factor shows environmental damage compensation insurance system is the best choice. But single environmental liability insurance system cannot meet the current needs of damage relief or improve the level of socialization relief of environmental damage. Therefore, environmental liability insurance system for the main points of building construction socialization relief system at the same time, we should actively promote the construction of other social remedy ways.Promoting environmental damages socialization relief way, we should fully clear the logical sequence between various relief way, to enhance the system maneuverability., administration presentation, environmental liability insurance compensation fund do not repel each other. There exist certainly applies the logical sequence among the three ways. Overall, we should first make use of liability insurance system. When the victims without insurance relief or insurance compensation cannot covers all the losses, we should apply for compensation fund; When the two kinds of system and other private relief cannot cover all the losses, the government should supply administration presentation.