On The Responsibility For Trans-boundary Environmental Damage

Prosperous science and technology today, looking back at the development of these achievements of human history, are more or less at the cost of sacrificing the environment. The Propel gas leak, the Chernobyl nuclear accident, the Rhine pollution disaster Occurred in the 1980s, and the recent nuclear accident in Japan and Dalian Bay oil spill, have not only made an irreversible impact to the environment, but also given rise to huge economic losses and mental harm to the people. Meanwhile, the alarm has been sounded that, the environmental pollution problems, driven by the current science and technology and productivity, have also broken the previous model, and no longer been scrupulous about national boundaries. People urgently looking for effective means to curb environmental pollution incidents, resolve conflicts caused by environmental pollution, protect the global environment, clean paradise of human existence, and ultimately achieve sustainable development.Since 1960-70s, suffering from pollution hazards, European countries have seen that the power of one country alone can not satisfactorily solve the problem of environmental pollution caused by large-scale, multi-faceted, complex nature of conflicts, and have began to legislate on transnational environmental pollution, as well as launch international judicial cooperation. Over time, such cooperation in the world has been widely respected, and achieved some results, such as a better responsibility system with more reasonable frameworks in nuclear energy, oil pollution damage and other areas. However, due to the lag inherent in the law itself of this flawed, new shocks to the mankind brought by the further development of science and technology are not timely included. Moreover, the blind pursuit of accountability, to achieve the legal sense of fairness does not fundamentally due to environmental pollution resulting from infringement of legal interests to make up, which attracted a number of fields of international law and environmental law experts and scholars turn attention toward the more practical significance of the problem-the attribution of responsibility for trans-boundary environmental damage and compensation issues.After years of research, fruitful results on cross-border environmental damage compensation have been achieved. For the difficulty in making states as the main responsibilities in international low, the legal experts pointed out that legal liability for trans-boundary environmental damage trend of private law, which refers to the direction on the street of the study of environmental tort law. But we should still see that while the light illuminates the road, at the same time, there comes the shadow. For example, in the principle of attribution issues, international law is inconsistent with numerous provisions of the treaty, and some even contrary. This is adverse toward building a unified framework for cross-border environmental damage liability, what's more the protection of the lack of implementation of specific compensation and other issues still need to be in-depth discussed, further refined and improved. Despite that private international law issues related on the current cross-border environmental damage have been carried out a comprehensive multi-angle discussion in foreign countries, especially in the judicial field, the new legislation, effective enforcement procedures and a more open model of international cooperation are emerging, for our improve the environmental legal system a good reference and resource for legal migration have been provided. But Compared to this, the issue in our country appears to be lagging behind a lot of research, one reason of this situation is that, on the one hand, due to our scholars to the problem is not enough attention given to, on the other hand, due to China's relevant cross-border environmental undermine accountability in the lack of judicial practice. China is not only a country with large continent, but also has a long coastline, with quite a number of neighbor countries in this geographical context. China is not only easy to become a cross-border pollution damage to the virulence of the country, but also vulnerable to other countries against pollution. Therefore, improving cross-border environmental damage legal system of China is very necessary and important. Especially the aftermath of the compensation system, while not fundamentally solving the environmental pollution caused by conflicts, it is a balanced variety of legal relations, to achieve fairness and maintaining social stability and an important means indispensable. Especially at this stage, the system-level problems caused by lack of focus highlights are difficult to be effectively addressed in a short time, so the effective compensation for victims and comfort is undoubtedly the most effective way to ease the conflict. This is the reason for increasingly cross-border environmental damage liability of private, and in-depth discussion of this system is very practical significance.In the existing international liability for trans-boundary environmental damage provisions, there are many drawbacks, which will be discussed one by one in the text to this article. First, what is clear cross-border environmental damage, its definition and general characteristics and the attribution of responsibility after the election of damage patterns and the development process a little further elaboration. Next, focus on the case and with reference to stroke-related international and foreign law, the principle of attribution of liability for environmental damage, responsibility and accountability of the nature of the subject is described in detail, aware of the responsibility for trans-boundary environmental damage still exist in private law trend many problems, for instance, the subject of compensation is not clear, the compensation was too narrow, too single source of compensation, compensation for exemptions and limits of liability are not clear and other issues. Therefore, in next, Japan nuclear leak caused by the earthquake is consumed as an opportunity to analyze the cross-border environmental damage China's status quo, combined with the problems identified for the development in this area before the road made a turn to the strengthening of national liability and compensation of liability based, diversified civil compensation approach, the establishment of professional compensation fund, improve the system, supplemented by a new type of insurance liability for damage to the mechanism proposed, with a view to improve our system of compensation for trans-boundary environmental damage a little something to do.