Research On Legal System Of Relief For Environmental Pollution Victims

A good natural environment is an important prerequisite for human development and social progress,moreover,environmental protection is of great significance to mankind.Nowadays,global pollution problems are becoming increasingly serious.Ecological damaged,people's personal and property security has been seriously infringed,from which the environmental pollution victims relief issues result become the focus of attention of all countries.So it is of great significance to establish and improve the helping system for the perfecting judicial system,protecting victims' human rights of environmental pollution,maintaining social stability and building a harmonious society.At present,the domestic theoretical and practical circles are trying to explore the compensation system,which are suitable for China's national conditions,for victims of environmental pollution.Combining with the domestic experience and drawing lessons from the excellent experience of foreign countries,we will gradually improve the compensation system for victims of environmental pollution in China and push forward the harmonious development of social economy and environment.Anglo-American law system and civil law system of the major countries have formed a relatively mature environmental pollution victims relief system,such as the environmental pollution liability insurance system,the environmental nonprofit litigation system,the environmental pollution damage compensation fund system and environmental tort punitive damage system in US;the environmental pollution liability insurance system and the environmental nonprofit litigation system in UK;the environmental nonprofit litigation system and the environmental pollution liability insurance system in France;the environmental pollution liability insurance system and the environmental nonprofit litigation system in Germany;the environmental pollution damage compensation fund system and the environmental nonprofit litigation system in Japan.Environmental pollution victim relief system in.the developed countries has been widely implemented with outstanding outcomes,it is worth learning for our nation.Up to now,China has not yet established a sound system of environmental pollution victims helping.And after a huge infringement to people's lives and property security resulted from the environmental pollution,the cost in safeguarding the rights and interests is extremely high,and bring little effect.In addition,the main reasons for the imperfect of the helping system for the victims of environmental pollution are the lack of constitutional protection,the discordant of the legal system of environmental pollution relief,the imperfection of the existing environmental laws and regulations,the defection of the relevant remedial system of environmental pollution victims and the inadequate of environmental law enforcement.Corresponding to that,to enrich and improve the environmental pollution victim relief system which means that the victims of environmental pollution can receive real benefits,environmental violations can be punished,and the legitimate rights and interests of victims can be safeguard,the government should proceed from the following aspects:enriching the environment pollution victim relief legal system,improving the environmental pollution victims social relief system,establishing environmental pollution relief supporting system and using practical means to strengthen environmental law enforcement.Only then can the victims of environmental pollution be satisfied with the relief,and can the interests of environmental pollution victims be truly protected.