Legal Research On Environmental Tort Damage Relief Fund System

In recent years,with the rapid development of China's economy,various industrial accidents and environmental accidents have occurred continuously.This not only damages the rights of citizens,such as personal rights and property rights,but also causes irreversible damage to the environment.How to ensure that victims receive practical relief,our country's laws do not stipulate,so how to fully and effectively remedy the victims of environmental torts has become an important topic in the study of environmental law in China,and has formed a way of sharing responsibility in foreign countries.The victim made effective relief and the relief fund system came into being in the field of social relief.This paper uses semantic analysis,literature analysis,and comparative analysis to demonstrate.Based on the theoretical basis of the relief fund system and the practice of domestic and foreign legislation,this paper proposes to introduce this in the environmental tort damage relief system in China.From the perspective of the system,and put forward concrete and feasible ideas for the actual situation in China,the full text is divided into four parts:The first part points out the differences between the two groups through the concept and characteristics of environmental torts,and then studies the ways and dilemmas of environmental tort damage relief under the current mechanism.The second part is based on the fact that China's existing environmental tort damage relief approach can not meet the needs of social welfare,and introduces the relief fund system to supplement,theoretically expounds the connotation and characteristics of the relief fund system,from four different perspectives.Analyze and demonstrate the necessity of the existence of the relief fund system,and finally analyze the theoretical basis of the existence and development of the relief fund system.The third part adopts the comparative analysis method to investigate the extraterritorial environmental tort relief fund system,mainly to study the US super fund law and Japan's public health damage compensation law,and absorb relevant experience and lessons from the foreign fund system,with a view to The construction of China's relief fund system has been inspired accordingly.The fourth part is based on the actual situation in China,and studies the active exploration of China's environmental tort damage relief fund.Through evaluation and analysis,the lessons learned from the construction of China's environmental tort relief fund system are obtained.The purpose of the fifth part is to build a relief fund system in line with China's national conditions,and combined with the actual situation in China and the rich experience of foreign related fund systems,put forward the legislative construction ideas of the system and the specific design of the system to achieve the filling of the victim.The purpose of human loss is to achieve social fairness and justice.