Study On Enterprises’ Civil Compensation Of Environmental Pollution System

Along with the industrial development of mankind, a number of majorenvironmental pollution accidents happened in the worldwide. Those gave hugewarning to mankind that we should seek the way of living in harmony and commondevelopment. At present, our corporate environmental pollution accidents occurfrequently, which is the result of the excessive pursuit of economic efficiency and theexpense of the environment by China’s enterprises. At the same time, China’senvironmental laws and regulations on environmental pollution damages provisionsof the inadequacy and legislation is not perfect. If China wants to achieve sustainabledevelopment, we must resolutely put an end to such a major environmental pollutionaccident, and to avoid huge losses to society, humans and the environment.Firstly, the study of the case of Zijin Mining which analyzes the results ofjudgment in the case shows a great shortage of China’s environmental laws andregulations on civil compensation of environmental pollution. In addition, this paperwill analysis the ordinance by listing of China’s fundamental law, the basic Law, avariety of single-line laws and regulations, civil law, tort law, local laws andregulations, which are relating to environmental pollution civil liability provisions.Then, it will evaluate the China’s environmental laws and regulations which arerelated to the environment pollution civil liability provisions. Following by pointingout the deficiencies of China’s laws and regulations in the civil compensation ofenvironment system, which means the inadequacies of the scope of compensation,reparation, compensation standards. For example, without the associatedenvironmental damage compensation fund, there is no treatment of the pollutedpopulation, protection of the entire system. Finally, the study provides theinadequacies of China’s environmental laws and regulations, propose appropriatecountermeasures, such as expanding the scope of compensation, and developappropriate compensation for the loss, to develop a unified standard of compensationin order to be able to timely, efficient, and reasonable compensation; learning fromforeign advanced experience, combing with China’s specific national conditions, andestablishing the Environmental Damage Compensation Fund in order to solve the problem of compensation funds,by the reason of the hazards of environmentalpollution, indirect, long-term latent pollution to the crowd,our country shoulddevelop a special protective treatment in order to the maximum extent possible toensure the normal existence of the pollution in the crowd; through the establishmentof environmental liability insurance system, not only to make the environmental riskssocially, to avoid environmental pollution accidents, and to achieve timelycompensation, saving the cost of environmental litigation, but also to reduce theburden of environmental responsibility in the corporate, enabling healthydevelopment of enterprises under the social urge.