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The Socialization Of Environmental Tort Remedy

Posted on:2017-01-25Degree:MasterType:Thesis
Country:ChinaCandidate:C ChenFull Text:PDF
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Since the beginning of the new century China’s environmental tort has become a serious problem. Because of the particularity of environmental tort has its own way of relief, the original can not achieve full range of relief to the victim; at the same time, when the polluting enterprises in the face of a huge amount of compensation they often inadequate, resulting in the limited relief for the victims in the real life. In this context, we need a new method or system to change the status quo. Through exploring the research of distress of Europe and other countries in this predicament, we can find that through the environmental liability insurance, public compensation fund, financial security and social security has become the mainstream means that the world’s advanced countries to solve the problem of related tort damages from private into socialization. In order to change the current status of tort compensation, China needs to learn useful practice from the developed countries. However,the four kinds of social relief system mentioned above have advantages and disadvantages,different systems are applicable to different countries. This paper attempts to elaborate the environmental tort social relief system start with the abroad Then using the method of semantic analysis to explain the related concepts and basic theory of the socialization of environmental tort and its remedy. After comprehensive analysis and comparison of foreign countries, we should establish the social relief system of damage compensation on China’s national conditions. These systems are designed to enable those people who suffered from environmental damages receive timely and adequate relief, but also to avoid those companies who are considered as perpetrators because of the inability to bear huge compensation lead to bankruptcy. In this paper, the overall structure is as follows:The first part objectively stated the background and significance of this topic. And the domestic and foreign research present situation is also carries on the objective statement. The last section of this chapter briefly lists the study methods in the process of writing this article,research ideas and innovation.The second part mainly discusses two problems: one is the concept and characteristics of the socialization of environmental tort relief, and on the basis of this extended the connotation of the deep level, another is to explain the theoretical basis of social relief of environmentaltort, mainly includes: the theory of balance of interests and risk sharing theory and theory of distributive justice.The third part emphatically reviewed the social relief system of environmental tort in foreign countries. In this paper, we introduces four kinds of the social relief system,respectively is: environmental liability insurance, public compensation fund, financial security and social security system. And after in each section we respectively introduced the definition, function, mode, practice, etc. in detail.The fourth part briefly describes the present situation of the social relief system of environmental tort in our country, and then through analysis of the defects and deficiencies of our country in dealing with major environmental damage compensation, and extended out of the necessity and feasibility of our country in building the system.The fifth part firstly comments on the advantages and disadvantages of the four kinds of social relief system mentioned above, then find out which kind of social relief of environmental tort should China’ adopted, finally after detail introduced the specific architecture of the social relief of environmental tort, we conclude that China should mainly rely on environmental tort compensation fund system and social security system as a supplement.
Keywords/Search Tags:environmental tort, Socialization of damage compensation, Public compensation, social security
PDF Full Text Request
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