Research On Socialization System Of Environment Right Infringement Relief

Environment right infringement accident frequent occurrence, has become the major issue, which the humanity faces together. Because it involves many victim, creates the harm in a big way, the right infringement person recognized high difficulty, causes the traditional civil relief and the administrative relief fully provide relief the victim with difficulty, therefore to the large-scale victim's relief question no longer is the software problem, but appears the socialized tendency. After the environment right infringement accident occurs, how prompt, reasonable, effective relief victim is the environment right infringement socialization relief system core. Countries and so on Japan, Germany already stepped out in the environment right infringement socialization relief aspect to have the practice significance step, however our country will not yet establish this system, this article aims at this system to conduct the thorough research, in the consideration present system foundation, proposed the environment right infringement socialization relief new angle of view, and proposed some individual viewpoints to the socialized relief elementary theory question and the concrete system construction.The first part, author embarks from the analysis environment right infringement socialization relief meaning, then has made the multianalysis to the environment right infringement socialization relief theory basis, thought approaches"the social responsibility"from"morality and justice responsibility"the transformation and the benefit balance theory development is the environment right infringement socialization relief theory basis. In this foundation, has further analyzed the environment right infringement relief individuation and the socialized relations.The second part introduced the overseas environment right infringement socialization relief system theory and the practice. Mainly has analyzed Japan's environmental damage relief system, Sweden's environment accident insurance system, Germany's environment right infringement relief system, US beforehand the preventive relief and afterwards the redemptive relief way as well as New Zealand's accident compensation system.The third part analyzed our country to establish the environment right infringement socialization relief system with emphasis the necessity and the feasibility. Thought our country urgent needs to establish this system, simultaneously, our country has had basically has established this system various aspects condition.The fourth part of key introduction constructs our country environment right infringement socialization relief system the concrete mentality, including environment liability insurance, environment right infringement harm public compensation system. Environment liability insurance construction makes concrete to the insurance pattern choice, the extent of guarantee and so on. But the environment right infringement harm public compensation system construction from the compensation fund origin, the management and the payment aspect carries on the elaboration.