A Research On The Funding System Of Public Compensation For Ecological Damage

The traditional environmental torts only relate to the relief of personal rights andproperty rights, but ecological damage due to environmental violations did not receiveeffective compensation. In current situation of ecological damages keep happening and theecological interest more and more important, the study on the ecological damagecompensation is both "ecological civilization" requirement and the necessity inconstructing Socialist harmonious society in China. With the development of socializationof civil law, a series of socialized system should be built to solve the problem of traditionalrelief. On the basis of the socialization theory of liability, this paper analyzed the dilemmaof ecological damage compensation. For example,"the tort liability Act" of the65thprovides for ecological damages the interests tort liability should be held accountablefuzzily, but there is no specific right of ways. The object of traditional criminal law islimited to personal rights, property rights and the specific relationships, and there is nodirect protection of ecological interest. The compensation for ecological cannot be realizedby criminal law. Currently, the compensation and disposing for ecological damage in Chinamainly rely on the government, that is Government regulation model of ecologicalmanagement.Under this model, government is on the dominant status, which can focus ondealing with major sudden ecological problems, but the ecological damage involvingeverywhere on the country. Due to the characteristics of latent and long-term of ecologicaldamage, the origin problem of ecological damage cannot be solved by the emergency andmotion compensation. Due to being lack of ecological damage of traditional relief, scholarshave begun to study on social relief of damages.The funding system of publiccompensation for ecological damage come out in the context of socializedresponsibility.The funds come form society, Participation of society in favor of ecologicalprotection, Strong platform for people involved in ecological protection. It complementstraditional relief on the scope of compensation for ecological compensation, Not onlyecological damage was good reliefs, but also can protect people from damagingecological compensation excessively. Through the establishment of public ecologicaldamage compensation fund system, can make the compensation for ecological damagesustained, stability, protection of more eco-friendly.