Research On Legal System Of Compensation For Health Damage Caused By Environmental Pollution In China

Along with the rapid development of industrialization and urbanization in our country, the problem of health damage caused by environmental pollution is highlighting, and becomes a hot social topic. In the case of health damage caused by environmental pollution, the traditional relief way can’t timely and effectively play a role, due to the serious injury consequence, the number of victims, the difficulty of identifying responsible person or compensation ability. How to ensure the victims’ health rights and interests becomes an urgent and important issue.This article takes the legal system of compensation for health damage caused by environmental pollution as research object, use theoretical analysis, empirical analysis, comparative analysis, discusses from four aspects:The first part introduces the types, the characteristics, and the main ways of health damage caused by environmental pollution, and the differences with "endemic","occupational disease", based on analysis of the meaning of "compensation", illustrates the connotation and advantages of health damage caused by environmental pollution.The second part discusses the theoretical basis of compensation system of health damage caused by environmental pollution, such as the right relief theory, the risk society theory, the interests balance theory, analyzes the serious situation of health damage caused by environmental pollution, points out the barriers of the traditional relief ways, if can’t be handled timely and properly, It will affect social stability and harmony.The third part studies the practices of compensation system of health damage caused by environmental pollution in typical countries abroad, mainly analyzes the compensation system in Japan, and summarizes the advanced experience, such as phased development measures, fully considering the source of funds, efficient implementation of the guarantee system, etc, which provides references for compensation system of health damage caused by environmental pollution in our country.The fourth part puts forward suggestions to the institutionalization of compensation for health damage caused by environmental pollution in our country, including setting up fund for health damage caused by environmental pollution, mainly studying around the source of funds, applicable conditions, application and payment, compensation range, the legal remedy for defying compensation decision; also including improving the relevant measures, such as strengthening environmental and health information disclosure, carrying out environmental epidemiological surveillance and investigation, establishing the monitoring system and appraisal system of health damage caused by environmental pollution.The establishment of the legal system of compensation for health damage caused by environmental pollution will make the victims’relief more perfect. This legal system has a variety of funding sources, a wide range of the compensation scope, and many characteristics, such as convenience, timeliness and high efficiency, therefore, It can adapt to modern society’s need for innovating environmental legislation, and make responsibility system of environmental law more consummate, so, It’s the important embodiment of social progress and development.