The Research Of The Legal System For Heavy Metal Pollution Damage Compensation

Since the reform and opening up, China’s rapid economic development, but with the development of industrial economy, it also brings a series of environmental problems, including heavy metal pollution is an important aspect. In recent years, produced some of the heavy metal pollution,incidents. Due to industrial waste emissions, the development of metallurgical industry and mining, etc., making the environment of heavy metals far exceeded the human body can bear, not only led to water pollution, soil pollution, but also a serious threat to human health, to the masses cause a great deal of damage, such damage not only includes health damage, as well as the corresponding property damage, but because of the lack of appropriate legal regime for damages in respect of heavy metal contamination, heavy metals such as determining the main responsibility for pollution damage, damages elements and principles of responsibility attribution, and the principles and scope of damages, punitive damages system for polluting enterprises, as an important aspect of risk-sharing mechanisms of heavy metal pollution damage compensation insurance system, are not clear and sound legal system, resulting in the victim can not be an effective remedy. Therefore, this paper put forward some suggestions for the following six aspects of heavy metal pollution damages our system.The first part describes the basic concepts of heavy metal pollution and heavy metal pollution damages, accurate definition of heavy metal pollution, heavy metal pollution damage concept, put forward the definition of heavy metal pollution damages.The second part, for the breadth of heavy metal pollution damages, indirect and complex nature of the characteristics of the heavy metal pollution damages, academia has a lot of controversy, this part will be analyzed for heavy metal pollution damages theory. Describes the main subjects of rights and obligations of heavy metal pollution damages, explores the subject of rights violations of environmental rights, the rights of the State as a subject of heavy metal pollution damages, as well as co-principal liability for damage,"legitimate sewage," the main responsibility and other controversial issues. Civil Law and because of environmental pollution and environmental damages Elements provisions are not uniform, thus leading to heavy metal pollution damages the constituent elements is not clear, so a lot of controversy in the actual case, and therefore the second elements festival mainly for heavy metal pollution damages analysis, while the third section is on heavy metal pollution damages responsibility principle and the burden of proof to be analyzed.The third part, due to the heavy metal pollution damage in terms of compensation, by the rich experience abroad, in the establishment of heavy metal pollution damages the legal system can learn from the experience of foreign countries, so this section describes the major public service compensation system in Japan and the United States Superfund system, analyze its content and defects, which absorb the essence, so as to provide a reference for the establishment of heavy metal pollution damages the legal system.The fourth part, mainly on the status of heavy metal pollution damages aspects of our country, as well as substantive and procedural law, and related problems in terms of supporting systems, and discusses the need for heavy metal pollution damage compensation system established.The fifth part is mainly related suggestions and ideas, establish and perfect the legal system of heavy metal pollution damages aspects of our country, to determine heavy metal pollution damages the principles and scope, and improve the relevant supporting systems, the establishment of a special fund for the timely and effective victim relief as well as to repair the damaged environment.