Study On The Foundation Legal System Of Compensation For Environmental Damage

In order to perfect the environmental damage system in our nation, this article presents that environmental damage compensation plays a considerable significant part in protecting the victims via the exploration of the existing problems about Environmental damage system. And it provides suggestions refer to the range of applying and the source of funding based on the analysis of the relevant regulations in foreign countries together with the local practical experience.The first chapter mainly states the major theories of the funding system of environmental damage compensation. It defines the concept of The Compensation Foundation for Environmental Damage by analyzing the origin, characteristics and nature of The Compensation Foundation for Environmental Damage. At the same time, it illustrates the necessity of building such a system, and compare the funding system of environmental damage compensation with the Environmental liability insurance ,the sinkingfund system and Corporate mutual funds. In addition, it analyzes their functions in the respective fields of relieving for Environmental tort.Chapter two displays the theoretical foundation of the funding system of environmental damage compensation. This system is an active experimentation of the theory refer to The socialization of Environmental tort. It contains political science, ethnics, law basis; this chapter will analyze and illustrate these elements respectively.The third chapter mainly focused on the application of the funding system of environmental damage compensation in different nations which has been developed well in many countries world wide. The health hazards of the victim compensation system in Japan and the Super fund system from US are considered to be the most distinguished ones. It is beneficial to introduce the main contents of those systems and analyze the pros and cons as well as the lessons learned from the process of application in order to absorb the experience when adopting.Finally, chapter four illustrates the foundation of compensation for environmental Damage of our contry and the system ,the source and the operation of funding, the problems of the ways and quantification of compensation as well as the issue of rights reliving under the situation of no compensation.