Study On Compensatory Fund Law System For Environmental Damage

Environmental damage includes personal and property damage and ecological damage resulting from environmental violations such as pollution.In this paper, environmental damage compensation fund law system is to solve problem of environmental damage compensation under three types of special situations when responsible person is unknown, unable to fulfill the responsibility, liability exemption according to law. Establishment of environmental damage fund can provide timely and effective aids for environmental damage victims, and provides financial support for the restoration of habitat improvement, thus ultimately achieving the goal of relieving victims and protecting the ecological environment.Currently, Environmental damage compensation is mainly regulated by traditional tort liability system. Due to the particularity of environmental damage, the traditional tort liability has been showing a lot of deficiencies in handling environmental damage liability. To solve this problem, theory of environmental damage compensation environmental liability socialization appears in the environmental law field.As a kind of social assistance for the environmental damages, environmental damage compensation fund is the last way for environmental damages compensation. It has unique advantages in risk-sharing for the environmental damage liability. However, we has no unified environmental damage compensation fund law system currently, the relevant provisions of environmental damage compensation is only scattered portions of some separate law, it cannot provide funds to compensate for all the environmental damage. Therefore, it is necessary to establish for the environmental damage compensation fund law system as soon as possible in China.The relevant provisions of domestic and international environmental damage compensation fund compensation fund provides many useful lessons for the construction of environmental damage. Japan's pollution compensation regime and the US Superfund law has developed a quite mature and complete system in dealing with the environmental damage problem. Measures for the administration of the collection and use of compensation funds for oil pollution damage from ships in China, has also designed a specific law system which is in line with China's actual situation, especially in its capital administration, collection, use and supervision. There are also shortcomings in the above environmental damage compensation fund provisions, we should learn from it and try our best to expand environmental damage compensation fund resources to avoid insufficient funds problem. Combined with the reality of environmental damage in China, based on the experience learn from home and abroad fund system, the article discusses the construction of the environmental damage compensation fund law system from aspects of fund administration system, collection system, use system, supervision system. It is difficult and high-risking to carry out environmental damage compensation fund nationwide since we have vast land and a large population. So we should pilot implement this system in some typical industries and districts appointed by the government, and gradually extend it to the whole country after its practice test and corresponding modification.