Study On National Compensation System Of Environmental Pollution

Since the industrial revolution,the increasingly serious environmental problems.Complexity and latent environmental problems lead to only rely on traditional tort relief theory has obviously can not meet the social developent,the victim suffered losses due to environmental pollution are difficult to obtain timely and effective relief,production and living difficulties,prone to social problems that affect social stability.Although China has more relief socialization of environmental pollution related institutions and practices,but there are shortcomings and deficiencies can not be avoided,such as relief narrow range,the compensation standard is low and so on.In order to remedy environmental pollution victims,to make up for the limitations of existing environmental tort relief system in the field,it is necessary to combine foreign-related compensation system and our country,to build China's environmental pollution State Compensation System.Purpose of environmental pollution compensation system established in that country comprehensive,reasonable relief innocent victims,so that the loss of the victim by the perpetrator at the time and other means can not be compensated by the state to compensate the victims of the ultimate loss.Although China has related compensation practice at this stage,but fragmentation,system requirements are more fragmented,how to build a national compensation system for environmental pollution has become a major problem of the current urgent need to resolve.In this paper,the basic theory of state compensation,analyze the necessity and feasibility of the implementation of national compensation in the field of environmental pollution,based on the reality of our country on the basis of the comparative study of similar foreign special environmental tort relief system,analyzed the current legal system in environmental pollution relief shortcomings of victim,specific programs explore how to construct our compensation system.The author believes that China's environmental pollution national compensation system should learn from the successful experience of the relevant compensation,national compensation conditions specifically applicable,the specific content of the system is then prescribed by specific legislation,including the conditions of compensation established compensation standards and scopes of the compensation program,problems of recovery and surveillance systems,etc.,through clearly defined,to achieve timely compensation of victims of environmental pollution,the protection of national compensation system in the field of environmental pollution smoothly fulfill its social function.