Research On Socialization Of Compensation Liability Of Environmental Tort

With the development of our nation’s industrialization, the environment problem hasbecome more and more serious. As we know the environmental problems includesEnvironmental pollution and Ecological destruction. The environmental torts areincreasing every day. The environmental problems threaten The Rights of individualand the existence of the whole mankind. Because of the particularity of environmentaltorts, as well as the limitations of traditional remedies in China, failed to timely andeffective relief to the victims. Besides the Tort Liability Act provides for Environmentaltort in China apply the principle of liability without fault, which will undoubtedlyincrease the burden of responsibility for the infringement. Under the victims do not haveaccess to timely and effective relief and infringement liability aggravating conditions,the urgent need for new theories and new system designed to find new avenues of reliefto the victims. In this context, learning socialization of environmental tort liabilitytheory and practice from developed countries. This is an very and special importantopportunity for resolving the environmental tort liability. This article expands on thebasis of this, using the Value Analysis, comparative analysis, and system analysismethods to describe the Socialization of environmental tort liability for damages relatedconcepts, basic theory and Environmental Tort Liability System of theory and practicein developed countries.First of all, the article describes the theoretical basis of the socialization of theenvironmental tort liability. Start with the concept of environmental rights perspective.Analyzing different scholar’s understandings on the environmental right, come to aconclusion. The environmental right is an individual right. Then proceeding from thedifferences between the environmental tort and the damaging the environmental right,distinguish the two objects, we can learn that damaging the environmental right isessentially the environmental tort. Introducing the particularity of environmental tort, itis this lead to the Limitation of the environmental tort relief. We then discuses the basictheory of socialization of environmental tort liability. Through the Social connotations,we learn the sense of Socialization connotation in law. From the perspective of law andsociety, and values described in terms of the law. Then discuss Theoretical Basis for the socialization of environmental tort liability for damages, implementation approaches, aswell as the establishment of the system function value. The Theoretical Basis includesCorrective justice and justice in distribution theory, the theory of balance of interests.the implementation approaches maintains Liability insurance, financial guarantee orwarranty, fund system, national payments. The value of establishment of the systemincludes Timely and effective relief to the victims and Decentralized management ofenterprise risk.Next, the article mainly discusses the foreign practice of environmental tort liability.Including the Environmental Liability insurance system and the environmental tort anddamage Fund system. We get advantages and disadvantages from the EnvironmentalLiability insurance system in the United States, France and Germany. Also we can learnadvantages and disadvantages from the environmental tort and damage Fund system inthe USA and Japan.Finally, the essay elaborates The Construction and the Perfection of Socialization ofenvironmental Tort Liability System in China. Firstly, introduce the current situation ofthe socialization of environmental tort liability. The situation is that the environmentaltort and damage Fund system is not found in our native country. If this systemestablished, undoubtedly it can perfect the social compensation system. Then, the essaydiscusses the construction of environmental tort compensation fund system of thenecessity and feasibility. We know, the establishment of the system of the Fund focusedon financial and technical we do have them. Lastly, we discuss source of fund of theenvironmental tort and damage fund system, the application of the fund, application forand payment of the fund and fund management institutions. The fund must rely on theEnvironmental Protection Agency to run. Establish specialized bodies in theEnvironmental Protection Agency to carry out the functions of the compensation fund.The conclusion shall be that the establishment of the social compensation fund systemcan perfectly solve the compensation problem in environmental tort in our society.