| As an important legal concept in tort law, restitution carries two meanings. One is a tort liability approach, and the other is a principle of damages, which should compensate the victim return to the state before the infringement.China also exists the concept of restitution, but scholars generally discuss its meaning as a tort liability approach, ignoring its significance as damages principles. Environmental tort damages should also follow the principle of restitution, but the status quo of restitution has a very broad scope, not limited to the recovery of property and personal interests between or among the parties, but expanded to restore the destroyedenvironment and local society. However, the specificity in environmental restoration determines the restitution should not be used as a liability approach. There are a huge extensive experience of environmental damages and compensations in the representative of civil law-Japan and the United States on behalf of the common law proved that the real value of the ideas mentioned above, and provided the model of environmental tort damages system we can learn. Through the study of the current situation in China, it is not difficult to find our judicial practice using restitution as a liability approach, but the damages did not fully implement the concept of restitution, which should have many factors on the levels of legal norms and judicial practice.Combined of the above, the damages not only should be fully compensated the victims, but also should set up special funds to restore the system of environment and the subsequent compensation. In order to solve the difficultyof huge compensation issues, we should hold a broad to raise funds for restitution. Firstly, establishing and improving mechanisms for environmental liability risk diversification and corporate environmental liability insurance system. The high-polluting enterprises shouldaccept compulsory liability insurance for damaging the environment. Secondly, establishing a special fund by industry organizations responsible for the profession damages of its members, thereby spreading risk in the whole industry.Encouraging enterprises to set up environmental fund or a special fund within the its governance todo the recovery and management work to protect the environment. Thirdly, pursue the administrative liability of the government when the supervision of the relevant government departments is absent. Finally, the Government should set up a public compensation fund to prevent the timely recovery of the environment or social life from the weakness capacity of compensation. |
