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A Research On The Fund System Of Damage Compensation For Environmental Tort In Our Country

Posted on:2011-04-10Degree:MasterType:Thesis
Country:ChinaCandidate:C J MaFull Text:PDF
GTID:2166330332463610Subject:Environment and Resources Protection Law
Abstract/Summary:PDF Full Text Request
The environment right infringement complicates day by day, compared with other violations, its influence involves the population are more, the scope to be broader, the time to be longer. Traditional remedies based on personal responsibility can not meet the modern needs of the environment infringement, therefore, the responsibility socialization and the compensation socialization appeared.The public compensation system of environmental tort damage is a new community-based remedies, its core is forms the public compensation fund through the government collection taxes and fees, the latent pollution enterprise provides the fund, the financial allocation and the society and so on many kinds of way ,when it cannot be recompense by the ordinary civil relief and is unable to be suitable the environment liability insurance or the financial guarantee situation, the victim can depend on the public compensation system of environmental tort damage to apply for the fund compensation to the related department. It is the supplement and the consummation to the flaw and blank of existing relief system.This paper has utilized the comparison test, the value analytic method, the economical analytic method and the literature induction and so on, by analyzing the limitations of the current tort relief system, this article gives rise to the public compensation system of environmental tort damage, to explain its specific content, to described its theoretical basis and analyzed need and feasibility to establish this system in our country. In the latter part of the paper, then has constructed this system specifically.The public compensation system of environmental tort damage began in the 60s, today, the system has been considerable development of extra-territorial, but not yet established in our country, this paper study this system in-depth , intends to constructs the public compensation system of environmental tort damage in China, hope to benefit China's rule of law.
Keywords/Search Tags:Environmental tort, compensation for damages, fund system
PDF Full Text Request
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