Research On Compensation Fund System For Environmental Tort Remedies

The environmental tort is one of particular torts.In many cases, traditional civil remedy way can not relief victims reasonably and effectively.In overseas,many kinds of socialized relief systems were established to solve this problem,the compensation fund system is one of them.This thesis studied the theory background and the overseas legislation practice of this system,proposed this system should be introduced in our country's environmental tort relief system,and gave some individual viewpoints on constructing the system.There are four parts in this thesis:Initiating from the definition and characteristics of environmental tort, the first part of the thesis analyzed profoundly environmental tort--a kind of special tort,and pointed out that it include private nuisance and public nuisance.The latter often caused serious social disaster such as widely suffered regions,multitudinous the victims,and tremendous loss amount.Traditional torts law,basing on the individual responsibility can not provide prompt and reasonable relief to the victim.At the same time, the gravity of result of environmental tort and its social public good nature of reason behavior,also has decided to put the blame on individuals completely is unreasonable.Face up to the environmental tort,a reasonable relief system should give dual attention to the tort and the victim,dual attention to economic performance,social performance and environmental performance as far as possible.The theory of the socialization of indemnity liability for environmental torts become a effective way of the remedies for environmental torts.The second part of the thesis analyzed the legislation practice of the compensition fund system.The compensation fund system,through raising funds from the infringers and beneficiaries in advance and providing the fund guarantee for future compensation,diverts environmental tort damages to the majority of enterprises or individuals in the society,while the damages should be borne by individuals.So the compensation fund system is one kind of concret application of the theory. The system developed well in overseas,especially in Japan.So in the second part,the thesis researched the system of Japan,including its primary contents,merit and flaws,the experiences and lessons in course of its implementation.In the third part,consulting to the experience of the system in Japan and basing on our country's national conditions,the thesis on the one hand analyzed the necessities in our country to establish the compensation fund system,on the other hand through comparing the system with other types of socialized relief systems,pointed out that the compensation fund system played a important role in environmental tort remedies.At present,the compensation fund system has not established in our country,the related research is limited to basic theory.Therefore,basing on these researching achievements,the thesis in the fourth part studied preliminary some basic issues on how to design and set up this kind of system,and analyzed the legal relations,nature,the function and the primary contents of the system.Furthermore,the thesis advanced some concrete suggestions on its applicable scope,conditions,compensating standard,fund collection and management,and so on.