A Research On The Fund System Of Damage Compensation For Environment Tort

The influence of environmental tort usually involves many people and has a long duration, which brings the victim in a bad situation. Traditional remedies in our country cannot meet the modern requirements of the relief for the victims. The public environmental tort compensation is a kind of fund which is directed by government. It is funded by the public compensation fund mainly, the environmental-pollution enterprise and the society and so on many kinds of the way. When the victim cannot be made up for their loss by everybody else operating in the relevant sector, they can apply for compensation to the Public environmental tort compensation fund. The Public environmental tort compensation fund and Tort Liability Law being two inter relate and in separate factors, they correlate each other to form an integrated system of existing relief system. This paper uses documentary analysis, concept analysis method, method of economic analysis and comparative study, etc. Through the analysis of the present situation of environment tort relief, the necessity and feasibility of the system establishment as well as the analysis to establish the theoretical foundation of the public environmental tort compensation fund system, and compared with the connotation of other relevant system clear the meaning of it. In the last part, using the relevant experience in the implementation of the super fund law in American for reference and combined it with Chinese specific national conditions to build the public environmental tort compensation fund system of our country properly. At present, there is no special legislation on the Public environmental tort compensation fund system and relevant practical work. So this article focus on providing specific reference for our country to establish relevant system through the in-depth study of the system.