| With the economic development and social progress,we feel the happiness brought by modern life more and more strongly.However,the problem of environmental pollution is also unavoidable,and it is becoming more and more prominent.Because people’s production and life are inseparable from the environment,as long as environmental pollution occurs,it is very easy to cause damage to human health.However,there are still many imperfections in the relief mechanism of human health damage caused by environmental pollution in my country.It is of great theoretical and practical significance to carry out relevant research.At present,the legislation on environmental rights is relatively general,the cost of violations of human health damage caused by environmental pollution is low;the judicial plaintiffs have more difficult to prove,and the threshold for litigation is high;social relief methods are not rich enough,and there is no public health fund system for environmental health damage And financial guarantee system,environmental liability insurance system is not mature enough.Therefore,it is very necessary for us to analyze the inadequacies of China’s environmental pollution-induced human health damage relief mechanism,and put forward targeted improvement suggestions based on China’s actual situation,with a view to providing optimization of China’s environmental pollution-induced human health damage relief mechanism Ideas.This article first explains the concept of relief of human health damage caused by environmental pollution,and introduces the content of relief of human health damage caused by environmental pollution in China-the constituent elements,the principle of liability,the burden of proof,and the method of compensation,so as to The health damage relief mechanism forms a basic understanding.Secondly,sort out the current relief mechanism for human health damage caused by environmental pollution in my country,and summarize the deficiencies in three levels of legislation,justice and social relief.Once again,three countries outside the United States,Germany,and Japan were selected to investigate their practices in the relief of human health damage caused by environmental pollution,and they were summed up to introduce the financial guarantee system,and set up a special environmental health damage relief department and Introduce the punitive compensation system.Finally,referring to overseas experience,combined with China’s actual situation,we made targeted improvement suggestions from three aspects:legislative,judicial,and social relief:the legislative aspect institutionalizes the law of environmental protection,specializes in the relief of human health damage caused by environmental pollution,and scientific Adjust the illegal cost of environmental pollution and introduce a punitive compensation system;reduce the prosecution threshold and amend the evidence rules in the judicial area;social relief must improve the environmental pollution liability insurance system,establish a public relief fund system for environmental health damage,establish a financial guarantee system,and introduce environmental pollution enterprise "whistleblower" system. |
