Research On The Compensation For Environmental Tort Damages In China

At present while maintaining environmental tort in our country still have a lot of problems,but with the people environmental protection consciousness and self consciousness enhancement,the social voice to the problem of environmental tort damages grew louder,and our countries are taking active measures to solve the problem.performing on the legislation “the tort liability act” was passed in 2009,the newly revised "environmental law" in 2015,and other relevant laws.To a certain extent the law is our country environment tort damage compensation mechanism to resolve the problem,but due to the particularity of environmental tort itself remains,such as the complexity of the infringement,damage the universality,the subject of inequality,uncertainty,etc,they make the law on the solution have some limitations.And these limitations mainly manifested in the following aspects: the first is the environmental tort damage compensation scope is limited to a few more direct loss,while ignoring the collateral damage,most of the time the victim is not entirely payments;The second is for the determination of environmental tort compensation for mental damage is very severe,some mental injury victim are not remedied;The third it is our country's social relief is not perfect enough,many unknown subject,excessive damage of environmental tort victims are not compensation,thus consummates our country environment tort compensation mechanism to resolve the problem of degree is very important.This essay is going to illustrate the compensation system of environment tort in six chapters,except the introduction and the sixth chapter,the conclusion,the text is divided four chapters.The second chapter focuses on analyzing the concepts,principles and ranges of the system.The third chapter concentrates on analyzing laws in other countries,for instance,Superfund Act in America,Liability Insurance System,Compensation of pollution victims law in Japan,compensation fund and financial guarantee in France,in order to gain some inspirations and experience.The fourth chapter talks about the existing problems of the compensation system and legislative status in China.The fifth chapter is the solution to perfect the mechanism of compensation for damage from environmental tort problem in many aspects,including mental damage system of environment tort,punitive,damages,environmental liability,insurance system,and the environmental compensation fund system.