Research On The Determination Of Compensation Loss In The Relief Of Environmental Tort

The determination of compensation losses includes the determination of the scope of compensation losses and the determination of the amount of compensation losses.The former is a qualitative analysis on the scope of deciding the infringer 's liability for compensation losses,and the latter is a quantitative investigation to determine the magnitude of the infringer's liability for compensation losses.The main structure of this article is as follows:First of all,the literature review section mainly introduces the research status of the academic circles on the determination of environmental tort compensation losses.Secondly,this article draws on the necessity of standardizing the consideration factors of environmental tort compensation losses by analyzing the principles of environmental tort compensation losses.Thirdly,by examining the jurisprudence in the judicial practice of environmental infringement compensation losses,trying to find out the commonalities and differences between the cases,and preliminary analysis of the practical dilemma of personal damage compensation and property damage compensation in environmental infringement compensation cases in China.In addition,after analyzing the problems found by empirical research one by one and carrying out comparative method research,specific countermeasures are proposed.Finally,in order to alleviate the difficulty in proving the causality of disability compensation for environmental infringements in China,this article attempts to suggest that the state strengthen the construction of a professional team of judicial forensics and expand the scope of judicial appraisals.On the issue of determination of the scope and amount of personal injury compensation.By sorting out cases of personal injury caused by environmental infringement,the key research objects of this article are the payment of disability compensation and the payment of mental damage compensation.Regarding the issue of disability compensation payment,this article is guided by the problem of low disability compensation support rate,taking the evidence rule of environmental tort as a special tort act as a starting point,referring to the judicial precedents of extraterritorial law,and recommending that our judicial organs try environmental tort In the case,the "relaxed relationship theory" should be adopted.Regarding the issue of compensation for mental damage,this article starts with the scope of "damage" of damages,and defines the concept of damage as an entry point to analyze the necessity and feasibility of determining the system of mental damage compensation in environmental tort cases.It focuses on the legal basis and legal basis for environmental tort cases applicable to mental damage compensation cases.By introducing the legal system and judicial precedent point of view of the scope of mental damage compensation in environmental tort cases in Japan and the United States,the feasibility path of applying mental damage compensation to environmental tort cases in China is analyzed,and combined with the actual situation in China,the quantification of environmental tort cases is proposed.Recommendations for compensation for mental damage.In order to further play the educational role of the law and avoid contradictions in the application of judicial practice,this article proposes to stipulate the applicability of mental damage compensation in environmental tort cases in the comprehensive environmental protection legislation.On the issue of the scope and amount of property damage compensation.This article focuses on the "Interpretation of the Supreme People 's Court on Several Issues Concerning the Application of Law in the Trial of Environmental Tort Liability Disputes"(hereinafter referred to as Article 13 of the "Judicial Interpretation of Environmental Torts").The reasonableness of the scope of application of property compensation losses in environmental infringement cases.In view of the fact that the legislation for determining the amount of property damage compensation in China,especially when the loss exists objectively but the amount cannot be determined,the legislation is still blank.The judge's right to freely testify the amount of compensation for damages,combined with the practical operation of the Supreme Court of China,Fujian,and Jiangxi District Courts,recommends that the judge's discretionary system for determining the amount of property compensation losses be determined in the subsequent revision of China's "Civil Procedure Law." The form implements the concepts of "bold empowerment,prudent use of power,and strengthened supervision"to solve the problem of determining the amount of property losses.