Research Analysis And Compensation Mechanisms Infringement Large-scale Environmental Pollution

There are about thirty years in our nation after the implementation of the policy ofreforming and opening, both economic development and social democracy process havemade remarkable achievement. In the future, China will make more brilliant achievementsin the national economy development and social civilization under the correct leadership ofthe Communist Party of Chinese and struggle of people of whole nation.At the same time, as China’s GDP growth annually with average rate around8%,there are some side effects, which brought by pollution of environment, on thedevelopment of the national economy and the social ecological construction. After enteringtwenty-first century, especially in recent years, pollution in the environment due to thebusiness activities of enterprises brought not only negative impacts to the ecologicalenvironment of our country which cannot eliminate for long time, but also direct tort andlong term damage to people who were living in the place where environment tort takeplace. According to <Decision of the Central Committee of the Communist Party of Chinaon Several Major Issues on Comprehensively Deepening Reforms>, part fourteen “Thedevelopment of ecological civilization systems shall be accelerated”: To developecological civilization, we must establish a complete set of systematic ecologicalcivilization institutions and systems, adopt the most stringent source protection system,damage compensation system and accountability system, and improve the system ofenvironmental management and ecological restoration, in a bid to use systems to protectthe ecological environment. For that account, in order to protect the ecological civilization,the system in associate with construction and protection of ecological civilization must bestrengthened, especially in the field of the infringer accountability system forenvironmental pollution tort, and the construction of compensation system on the basis ofsuch infringer accountability system, and other systems which maximize the protection ofthe rights of victims. It turns out that the environmental pollution tort activities caused byenterprises were enlarged through the "ecological environment", and the harm that theyhave caused has characteristics such as large range, deep level, which will lead to a lot ofhomogeneity litigation and then occupy our limited judicial resources. For such type ofinfringement can be identified as mass environment pollution tort. The purposes of thisthesis are (1) analysis mass environmental pollution tort deeply bydefining massenvironmental pollution infringement;(2)do the discussion and Research of more efficientmechanisms for compensation remedies on the ground of (1). For the reason that mass environmental pollution tort is a new type of tort in recentdecades, and the consequences and frequency of them have been growing increasinglyserious. Thus, an utterly new remedy should be promoted and analyzed. But before that,we still should carefully study the own characteristics of large-scale environmentalpollution infringement, so that to investigate relief solution more effectively.At the very beginning of this thesis, the legal issues will be promoted through afamous mass environment pollution tort case---Bohai Bay oil spill. And then starting thelegal analysis and the approaches of practical remedies on the basis of these issues. Thefirst part of this thesis mainly elaborates the concept of mass environmental pollutioninfringement, the reason of it, and different characteristics with other types of infringement.The second part mainly describes the impact of environmental pollution on the traditionaltort system. In this part, this thesis mainly focuses on the researching of the elements ofmass environment pollution tort, and then explains the differences with the elements oftraditional tort law system, especially in practical fields. The third part will point out thedrawbacks of remedies of our country of mass environment pollution tort through severalexamples, such as invasion of administrative action to judicial power, and lack of burden-sharing model currently. In the forth part, taking reference of remedies of other countriesfor mass environment pollution tort, including: financial assurance model, liabilityinsurance model and administrative compensation mode, and the "911CompensationFund" of USA. Then promoting reviews for each. In the fifth part, this thesis emphasis onthe research of establishment of necessity and possibility of mass environmental pollutioncompensation fund mechanism. And on that ground, making discussion aboutestablishment, mode of operation and rights of recovery of mass environmental pollutiontort fund mechanisms, and other related issues, then putting forward countermeasures andsuggestions.