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The Research Of Establishment Of Fund System About The Pipeline Of Natural Gas Accident Compensation

Posted on:2013-04-25Degree:MasterType:Thesis
Country:ChinaCandidate:J L ZhangFull Text:PDF
GTID:2246330377452831Subject:Law
Abstract/Summary:PDF Full Text Request
Although the coal, oil and other conventional energy have madeoutstanding contributions for the world economy improvement, their"contributions" are at the expense of the environment. In order to improvethe environment, gas resources are valued by many countries as"substitute". In order to promote and standardize the use of natural gas,relevant laws and the policy of the use of natural gas have been issuedby the legislatures and authorities. However, in the cities, with gasbusiness fast development, the natural gas brought about the securityproblem increasingly, safety accident happens frequently. Once theaccident happened,it will endanger human lives and property, the lossis often much more than the repayment ability. So, in order to preventfrom the victim can not be compensated after the casualties and the lossesof property occurred. Authority has the necessary to set up thecompensation fund system so that ensures the healthy development of thenatural gas industry. Form now on, the fund about a natural gas pipelineaccident compensation is blank in China.The article includes4parts. The first part focuses on the concept ofthe pipeline natural gas, the development and the trend of natural gasin China, the cause of pipeline natural gas accident, and the safetysituation of the industry. The second part focuses on the analysis of thenecessity and feasibility of the fund about the pipeline natural gasaccident compensation. Analyze the existing compensation model of tortabout pipeline natural gas, and discover the deficiency of the model, andcompare the enterprise insurance and the fund of compensation, and sumup the advantage of the fund about the pipeline natural gas accidentcompensation. The third part concentrates on the experience from all overthe world. First, analyze the important tort compensation mode of US, Germany and Japan. Second, analyze the operation mode of the compensationfund of international pollution damage. Third, analyze the socialassistance funds for traffic accidents in China, and learn the experience.The last part concludes the basic ideas, give some advice for theestablishment of fund system about the pipeline natural gas accidentcompensation.The article gives6suggestions as follows: First, the nature of thecompensation fund, this paper will confirm it as social and folk. Second,the management department of compensation fund, because pipeline naturegas is managed by different departments, including energy department,housing and urban-rural development, so the management department of thefund is decided by the two departments. Third, the main source of fundscontains the central part and local part. The former contains tax, thestate financial allocation, a fine delivered by administrative departmentand the interest of itself. The local level of compensation fund include:a certain proportion of income of local enterprise, a fine delivered byadministrative department, the gas fee of user, the social donation andthe interest of itself. Fourth, the mode of operation of the compensationfund, according to the force majeure, the business’s fault liability, thethird person fault and no fault liability, the mode contains four parts.Fifth, the usage of compensation fund. Take the mode of coordination ofstate and local. Sixth, the extent of compensation fund. Lastly, thesupervision mechanism of the compensation fund, including the supervisionof raise money and the supervision after the use of the compensation fund...
Keywords/Search Tags:pipeline natural gas, accident, compensation fund
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