Study On The Damage Compensation Of Water Pollution Tort In China

Water is the source of life,but China is not a country with abundant water resources.Social conflicts triggered by water pollution incidents have attracted widespread attention in recent years.The damage compensation is the basic way for the liability of environmental tort.Meanwhile,the CPC and the Chinese government have also proposed “improving the system of accountability on ecological protection and the system of environmental damage compensation”.Improving the damage compensation system of water pollution tort in China is beneficial to prevent water pollution act effectively and offer valid relief to victims.At the same time,it is also a major challenge in theoretical research and judicial practice in China.Combining the status quo of legislation and the implementation of related laws on the damage compensation of water pollution tort,this article makes efforts to systematically sort out relevant theories,analyze deficiencies and propose corresponding suggestions for improvement.The article includes four main parts.The first part is an overview of the damage compensation of water pollution tort.It explains the concepts of water pollution,water pollution tort and the damage compensation,and analyzes the function of the damage compensation system of water pollution tort.The second part analyzes the status quo of legislation on damage compensation system of water pollution tort.First and foremost,it analyzes the application of China's relevant legislation in practice.Furthermore,it analyzes the content of legislation on the damage compensation of water pollution tort in China.The third part is the deficiencies of the damage compensation of water pollution tort.Through these analyses,it exposes to an unclear definition of water pollution tort and difficulties to identify the causality between the water pollution tort and the damage.It points out unclear scope,low criteria and rigid form about the damage compensation.It also suggests that the damage compensation system is socialized insufficiently.The last part is the suggestions for improving the damage compensation of water pollution tort in China.In this part,it will put forward some opinions to improve the damage compensation system of water pollution tort.It includes the distinction between general water pollution tort and ecological damage to water resources as well as the way to identify the causality between water pollution tort and damage.It is viable to broaden the scope,try various forms,improve the socialization of the damage compensation system of water pollution tort,and so on.The system of damage compensation is the core of civil law and the theory is quite recondite.At present,there are a few special studies on the damage compensation of water pollution tort.The legal issues involved in it are far more than those mentioned in the article and author's opinions are limited.As a special tort,the article would like to redefine its concept and propose constructive opinions based on the study of civil law.It will benefit the improvement of the relevant legislation as well as the disputes to be handled in judicial practice,which makes the law take effect in solving environmental problems.