The Compensation Of Environmental Tort Damage And System Improvement

Environmental tort is a special tort, environmental tort damage compensation is animportant means of environmental civil liability. Compared with ordinary civil compensation,compensation for damage of the environment has the particularities. Not onlyenvironmental damage compensation reflected the maintenance of the rights of the victims,the maintenance of fair and justice, but also protect environment, restore the environment needsto prevent the pollution effect. The current environmental tort damages system is still not perfect,the environmental tort spirit damage compensation system, the punitive compensation systemand social relief channel should been strengthened. From the law of special regulation,developing specialized" environmental damage compensation law", for the settlement ofenvironmental disputes is undoubtedly the most ideal path. There are no special legal normon the environment pollution dispute handling procedures, the scope of accepting cases,rules of evidence, the pollution damage to the environment, technical identification of pollutiondamage compensation principle and scope, the amount of compensation assessment,measures of stop pollution. International environmental tort compensation for damage is moreand more uniform and systematic.Japan’s compensation system for environmental tort damagescompensation: legislation first, diverse channels; In German:environmental tort liability typediverse, the ecological damage compensation are advanced; the United States:"Superfund" fordominant, with punitive damages for innovation. These successful experience are worthabsorbing and taking for reference;Therefore, not only should we improve our current civil law oftraditional tort damage compensation system,but also to improve the environmental liabilityinsurance of social relief system, with traditional measure as pattern, social relief patterns assupplement. In the traditional environment tort damages system of punitive damages inenvironmental tort system,it is important to perfect the system of compensation for mental damagecompensation relief channel, perfect system of environmental litigation. On the social measure,itis important to perfect the system of environmental liability insurance, environmental publicfund compensation system as well as the financial guarantee system. On the system basis, thesystem requires coordination between applicable, shall formulate special" the damagecompensation in environmental tort law", to sort out the traditional tort damage compensation system, the traditional environmental tort damages system and social system between theconvergence and coordination. Only in this way, can we straighten all sorts of relations betweenthe system of compensation for damage, and construct environmental tort compensation system.