Study On The Socialization Path Of Environmental Damage Compensation

With the development of economy and society, several environmental problems are increasing. Environmental damage, which based on the environment as "object",the damage on the environment "itself", rather than personal injury, property damage, mental damage that based on the environment as "medium" in traditional sense. Currently, traditional environmental tort law system applied in our law and judicial practice only pay attention to the damage of "human", while ignoring the damage of "environment itself" of compensation relief. Facing with the special damage of "environment itself", traditional environmental tort law system suffered a lot in application, so the environment can not get timely compensation relief after damage environmental damage were left unattended, then resulting in a serious decline in the quality of the natural environment gradually, and ultimately will harm the interests of human beings.In order to solve the traditional environmental civil legal system confined to environmental itself of damage relief, combined with the overall strength of the community to make up for the damaged environment as greatest as possible, deter and encourage potential environmental hazards people to take effective measures to prevent environmental damage from occurring,the socialization system of environmental damage compensation has been a corresponding development in theoretical research and judicial practice. Compare with the social compensation and traditional tort damages compensation, the main advantage is that the dispersing of environmental damage risk and social commitment for responsibility, developed countries have already taken up with significance practical in the socialization of environmental damage compensation regime, solve the problem of environment damage compensation relief through socialization system, and have summarized some fairly mature experience, socialization of environmental damage compensation has become a trend. But our country is still at a preliminary stage of exploration, the theory and practice is not perfect, therefore, this paper describes the socialization practice of environmental damage compensation in developed countries, analysis the environmental responsibility insurance system, environmental damage public compensation fund system and financial guarantee system. Aim at the problem in environment damage compensation currently, breaking the traditional theory of environmental tort relief, and done some theoretical discussion and idea for socialization of environmental damage compensation system in China, and we should put emphasis on environmental liability insurance, add to a complementary system model that combined with industry enterprise mutual fund and integrated environmental damage public compensation fund, and hope it can be beneficial to the solution of environment damage problem in our country.