Study On The Foundation System Of Compensation For Environmental Pollution Damage

With the development of China's industrialization, environmental pollution has become increasingly prominent. Environmental pollution is different from the general tort, which has its characteristics. These special attributes have led to the shortage of the traditional way of civil relief; some victims of environmental pollution can't get effective relief. Foundation system for compensation for environmental pollution damage is a solution to the shortage of relief. Foundation system for compensation for environmental pollution damage is one of the ways of socialization of environmental civil liability. It doesn't breaks through system of tort liability, but make up for shortage of the traditional tort liability. Its main purpose is to guarantee that victims of environmental pollution could gain effective relief.Foundation System of Compensation for Environmental Pollution Damage is a legal system of Foundation of Compensation for Environmental Pollution Damage about the nature, source, using, value-added assurance and management of the systems. While it is the standardization, systematization and legalization of Foundation of Compensation for Environmental Pollution Damage. It is the theory of creating Foundation System of Compensation for Environmental Pollution Damage that the theory of liability based on the social environment, the welfare state and the positive financial theory and the theory of sustainable development. The need for creating Foundation System of Compensation for Environmental Pollution Damage is embodied in the major environmental pollution accident compensation for a lack of business and the history of cumulative environmental problems, as well as the requirements of building a harmonious society. Super fund system in the United States and the health hazards of the victim compensation system in Japan to improve China' s environmental pollution damage compensation fund system reference. By creating of relevant legislation as soon as possible, the establishment of Foundation System of Compensation for Environmental Pollution Damage is the urgent need of relief to the victims of environmental pollution.