Study On The System Of Determining The Compensation For Environmental Pollution

It is difficult to identity the amount of compensation for environmental pollution damage due to the lack of substantive referee norms and procedural norms.In addition,because of its scientific and professional characteristics,environmental pollution has create difficulties in determining the amount of damage in practice.In order to reasonably determine the specific amount of compensation for environmental pollution,we should fully understand the characteristics of environmental pollution,such as the diversification of the damage object and the complexity of the consequences of the damage,and tacking the system of general damage amount as the cornerstone to construct the system of special amount caused by environmental pollution.Form the perspective of comparative law and the relevant legislation,system and judicial practice in china,it has been discussed how to establish the system of environmental pollution damage amount.The author holds that the determination of the amount of damage has the dual nature of the degree of proof and the discretion of evaluation.In theory,we should adhere to the compromise of the premise of reducing the lightness of evidence.In the process of determining the environmental pollution damage,the identifying standard,basis,appraisal institution setting,small-scale experiments introduce,segment settlement mechanism and regulation to be recognized.In the litigation procedure,the parties should protect the rights of litigation,strengthen the judge's open mind.On the perfection of the substantive referee norms,the scope of application of the system for determining the amount of environmental pollution damage shall be strictly defined,clearly and strictly limit the applicable conditions of the environmental pollution damage and the judge discretion on evaluation standard or reference factors.