Study On The Super Fund System In America

The super fund is a government-designed environmental protection public trust fund established by the United States,which consists of environmental taxes,national financial appropriations and other sources of funds for the prevention and control of environmental pollution sites and victims of environmental pollution incidents.The super fund system is the legal basis for the establishment of a super fund.It consists of a number of legal provisions in the United States' Comprehensive Environmental Response,Compensation and Liability Act.As a successful attempt of the United States to build an environmental governance fund,the super fund system has a complete operating mechanism and rich practical experience.It is one of the most advanced environmental protection fund systems in the world.At present,Our country is carrying out reform work on ecological environmental damage compensation.The funds used for local management of ecological environmental damage compensation are not the same.The idleness of funds is common.Local governments often fall into the dilemma of lack of funds for environmental governance,and there is an urgent need to form a complete idea of the financial protechtion mechanism and the operating mechanism safeguard for ecological environmental damage compensation funds.Studying the super fund system will help our country to learn from the successful experience from the outside of the country,better build an environmental governance fund,and complete the reform of the ecological environment damage compensation system.The super fund is essentially an environmental public trust fund.It is established based on public trust theory and is a concrete application of public trust theory in the field of natural resource protection.From the perspective of setting up the background and the theoretical basis,the super fund system is in the fourth wave of expansion of public trust funds.It aims to prevent and control environmental contaminated sites and the victims of environmental incidents.It is a concrete manifestation of the long-term political commitment of the United States,and promises political theory,public trust theory,environmental rights theory and damage filling theory all have a profound impact on the formation and development of their legal systems.Judging from the operational mechanism,the sources of funding for the super-fund system are diverse,the scope of use is clear,strict application and approval procedures are followed,and a supervised system is in place.Judging from the current status of implementation,the super fund system has achieved remarkable results.Its positive value is highlighted in its special fund for environmental governance,the formation of multiple financing methods,the encouragement and guidance of public participation,the extensive use of economic instruments,and the construction of a multi-level state power supervision network.It also has many deficiencies,mainly manifested as unscientific taxation standards,unstable capital structure,inefficient use of funds,poor recovery of funds,and so on.It needs our country to identify and improve in the institutional reference.