Study On The System Of Compensation For Ecological Damage In Environmental Tort

Damages for infringement of ecological environment to enter the field of legal regulation is an inevitable trend, because human society has recognized the serious consequences of ecological damage, the impact has been far beyond the personal and property damages, which directly threat the human existence and the foundation of development. As a participant in the human ecosystem, its survival and development is inseparable from the support of the ecosystem, but ecological damage endanger human survival and development fundamentally. It is a common hazards exist that the ecological damage will extent to the whole world, and it is all mankind’s responsibilities to maintaining the environment. However, the scope of environmental tort damages is still limited to compensation for property damage and personal injury compensation(including mental damages), based on the conditions, and some examples of judicial reference and useful experience of the developed countries, maybe it can make contribute to the compensation legislation and environmental damage theory.The first part of the paper through analyzing the basic problems of the existing legislation as only has personal injury compensation, property damages and marine ecological damage compensation, to illustrate at this stage our country is lack of ecological damages in the scope of environmental tort damages, and make a brief analysis of the system.The second part is based on the situation that analysis the unique nature of the infringement ecological damage and the current situation of environmental torts, in order to curb the further deterioration of the ecological environment, catering to the international trend of environmental tort legislation, so giving a comprehensive analysis of the need for establishing the ecological damages in our country.The third part describes "Marine Environmental Protection Law of The People’s Republic of China" to find legislative support for national legislation to implement the ecological damages, compared with the United States, Germany’s environment compensation for infringement of the relevant legislation and practice, combined with China’s national conditions, analysis the feasibility of pushing the compensation of ecological damage in our country.The last section discusses the foundation foregoing the necessity and feasibility of ecological damages, and compared with domestic and foreign-related legislation and practical experience, then proposed the establishment of environmental and ecological damages in tort system of specific ideas and practical specific practices, such as establish a scientific evaluation mechanism and socialization remedies, etc.