A Study On The Civil Liability Of Natural Resource Damage

Natural resources is the basic material for human society to survive and develop, and also the essential elements of earth's ecological system. With rapid increase of population and the development of society, the sharp increasing consumption and demand of natural resources for human, the increasing scarcity of natural resources, and the unbalanced distribution of natural resources, even the lack of resource and resources crisis problems of the regional even global have been appeared, all of those which attack the word's attention to concentrate on the possession of resources. As a developing country with the largest population, on one hand, China's demand for natural resources continues to grow, on the other hand, there is also existing the fact in the process of development and utilization of natural resources that like disordered development, inefficient use of resources utilization, waste of serious, etc. Such kinds of frequent natural resources damage cases. Natural resource right in our country belongs to government or the collective which as the property subject is often in a state of invalidity or absence in the process of maintaining the value of natural resources. The existing Environmental Protection Law of our country and tort liability law only protect the natural resources as a media to damage a third person's property rights and personal rights. Natural resource damage refers to the natural resources suffered great damages which include the depletion or losses on the economic value of natural resources, and also the losses and damages on the non-property (At the present stage mainly refers to the ecological value). Such damage belongs to the new damages different from the traditional environmental tort which is not regulated by the traditional tort law and has not been adjusted by the environmental law. china have not established the legal system of civil compensation for natural resources damage and it is necessary to make a further study on this field to perfect civil liability system of natural resources damage and make use of this system to ensure the rationally develop and utilize natural resource and realize social sustainability. After researching on the relevant foreign countries' advanced legislation experience, this paper analyzes and perfects the necessity of civil legal liability system and the function of civil legal liability of our country's natural resources damage and the setting of its functions, and also advise that the civil legal liability of natural resources damages should carry out the civil liability on no-fault liability principle. Because of the responsibility that the civil legal liability of natural resources damages should bear according to the resources, this paper mainly discusses the manner of awards of damage liability and defines that who shall bear the liability, who shall implement the antecedent right, and gives that some related systems also needs to be guaranteed so as to smoothly realize the civil liability of natural resources damage, and then suggest that China should establish Advance payment guarantee system, the limitations of liabilities system, civil liability insurance system, the civil liability of public compensation fund system and the procedural safeguard of Commonweal litigation system on the natural resources damage.