Research On The Socialization Of Environment Right Infringement Compensation

Along with the development of economic society, especially the cosmically rapidly expand of industrialization and the urbanized, the environment right violations become now the society’s stern and the urgent question day by day. Environment infringement is due to human activities result in environmental pollution or ecological destruction, and thus harms the personal rights, it also endanger the property rights and environmental rights. Compared with the general right violations, the environment right infringement would cause much more victims, to create much more harms; the infringing individual is hard to be defined.There are two dilemmatic problems faced by present compensate system of environment right infringement, which include almsgiving for victim betimes and efficiently after infringement occurs, and ensure the sustained development of enterprise.This paper take the balance between enterprise and victim’s benefit as starting point, based on present system and practices of foreign countries, propose a socialized system method for the environment right infringement damage compensate, and puts forward some proposals to the socialized compensation system.This paper consists of four chapters; the content is each chapter is described below.The first chapter is mainly focus on the basic principle of socialization of environment right infringement.This chapter has defined concept of environment right infringement, analyzed the characteristic of environment right infringement, and introduced the origin of environment right infringement compensation, the compensation scope and faced difficulty, then draws out the reason of environment right infringement socialization produced, and elaborated the meaning and functions of environment right infringement socialization. The second chapter described the legal basis of environment right infringement compensate socialization.This chapter analyzed legal basis of socialization of environment right infringement compensation responsibility, which include justice and fairness, the relief for right requirements and the benefit balance of legal liability.The third chapter compared the domestic environment liability insurance and foreign insurance, compared the domestic compensation system and foreign compensation system. By the way of the comparison, provide our country the reference to construct similar system.The fourth chapter described the implementation of domestic environment right infringement damage compensate socialization.This paper elaborate two main concrete system of environment right infringement compensation, one is environment liability of insurance, and the other one is environment right liability compensation fund.After analyze the current status of insurance and fund industries, profit foreign experience, this paper provide some proposal to develop two main system. This paper also described the relationship between environment right liability insurance and environment right infringement compensate fund.In addition, puts forward proposal to the construction of environment responsibility insurance and environment right infringement compensate fund.By the summary of this paper, it is believed that along with the discussion of environment right infringement compensation theory and the accumulation of experience, the social system of environment right infringement will display it proper affect finally.