Research On The Application Of Environmental Infringement Relief Funds In My Country

Recently,our country environmental tort happened frequently,which caused a widespread social concern.For environmental tort victims are often in a weak position,it is really important to safeguard their rights and interests.Under the existing environmental tort relief system in China,environmental tort victims often get less compensation or none.To make up for our existing environment tort relief system in environmental tort relief,Chinese scholars draw lessons through the establishment of relief fund from foreign experience to realize the socialization of environmental tort in our country.Although our country academic circles have discussed the construction of system of environmental tort relief fund several years,there is nothing practice in our country.The reason is our country environment tort relief fund application issues still exist many deficiencies.Along with our country entering the environmental risk society,environmental tort relief problem is increasingly important now.Therefore,in order to build environment tort relief fund system in our country,we should improve our environment tort relief fund.This paper adopts the method of data analysis and comparative analysis.This paper discuss the system of environmental tort relief fund at the first place,to analyze the importance of environmental tort relief fund problem in our country;Then,analyze the study of present situations in environmental tort relief fund system in our country analysis;And proposed five problems in our country environment tort relief fund on the applicable;Finally,combining with the field of internal and external similar fund system on the applicable regulations,to put forward my own advice on improving the applications of environment tort relief fund in our country.This paper is divided into four parts except the introduction.The first part puts forward the applications of environmental tort relief fund in our country.Through introducing the concept of environmental tort relief fund system and the environmental tort relief fund,and combining the current research on environmental tort relief fund system in China,to put forward five deficiencies of applications in environment tort relief fund in our country.The second part discusses the problems of applications in environmental tort relief fund.Trough five aspects to analyze:the applicable scope of the subject is not clear,suitable object is not unified,not provided specific applicable situation,the absence of environmental tort and the lack of supervision mechanism.The third part mainly introduces and study relevant experience from similar fund system abroad.Through discussing the health hazards of compensation fund system in Japan,road traffic accident social relief fund system and ship pollution damage compensation fund system in our country,to come up with suggestions for the environmental tort relief fund in our country.The fourth part is about improving applications of our country environment tort relief fund system.The author thinks we can make clear through the definition of environment infringement object to restrict the subject to environmental infringement of personal and property rights and interests of damage to people;The adequate relief principle can be set in the application of the scope of the object;According to our country's existing relief system to determine the three specific applicable conditions;to establish a mechanism for environmental tort survey fee;And to improve the supervision mechanism.