China Non-sudden Environmental Damage Relief System Study

As China's rapid economic development, environmental pollution is getting worse, and the resulting damages caused by disputes have also shown a doubling of the situation. In recent years, particularly non-sudden environmental damage caused by a series of questions, not only in legal studies highlight the relief system to establish and perfect the importance and urgency, in judicial practice is also a related need to deal with a sound legal system appropriate dispute. Yan tells us that the old law: the right, there should be relief, and in all the remedies, the legal remedy is undoubtedly the most important one, so the legislation is the perfect solution to the problem lies.In this paper, the selection of environmental damage, select a non-sudden environmental damage as the research object, due to non-sudden damage to the environment has its own peculiarities in such damage occurred, the victims of environmental damage than the more difficult general timely and effective relief. Based on the previous scholars combing theory and practice of judicial process with the problem of environmental damage on the non-sudden make a useful system of relief, and the research focus on national relief level.In this paper, non-sudden environmental damage in China Relief System Analysis as the starting point of our current legal system to sort out the relevant, and further pointed out that our current legal system in civil, administrative and criminal aspects of the party's lack of victim relief and defect, through the layers of analysis, the current legal system in China and abroad, advanced and mature compared the relevant laws, look for the advanced experience of foreign countries, and in the current situation in our country on the basis of damage to the environment, focusing on how to build and improve our country I non-sudden relief of the associated environmental damage, the legal system.In specific studies, this paper in three aspects:1. A general overview of non-sudden environmental damage relief system, including non-sudden definition of environmental damage, special, relevant legal basis, economic and social infrastructure and the existing relief way.2. Of our current non-sudden relief system to analyze the environmental damage from China's current relief system, analyzes its shortcomings, mainly from the system design and existing legislation to study the two baking.3. From the first two parts of the bedding, and the third part is to build and improve the environmental damage of non-sudden relief system, this section is divided into three levels, the first level of discourse to build and improve the environmental damage of non-sudden relief Necessity; the second level of the relevant international legislation and practice of advanced experience; the last part is to improve the environmental damage of non-sudden the idea of relief system, mainly from the state compensation, the state benefits system and national compensation scheme and other countries relief for research and build. Three levels of progressive layers, followed by depth.The author limited capacity, but still hope this can be the role of better ideas, of contributing to the rule of law.