Research On The Public Compensation Fund System For Environmental Tort Damage

China’s existing public compensation for environmental tort damage represented by civil relief and environmental liability insurance cannot completely solve the needs of victims of environmental tort damage caused by environmental pollution and ecological damage with latent and lagging nature,and their systems have certain limit-ations:One is when the environmental pollution in the tort of unknown people,are lacking responsibility without environmental pollution liability insurance or financial guarantee system such as compensation cases in adversity is hard to solve,many environmental infringer outside the scope of the law system of regulation,so that part of the environment infringement no claim object can be found;Second,with the widespread use of the principles of no-fault liability,equivalent causality and inversion of burden of proof,the possibility of polluters undertaking legal discharge behavior to bear adverse consequences increases sharply,making it difficult for them to bear heavy environmental tort liability.From the perspective of legal value pursuit,in order to better balance the interests between the offender,the victim and the society,when the victim cannot claim for ordinary civil relief and cannot apply the environmental liability insurance system or financial guarantee system,It is very necessary to establish a public compensation fund system for environmental infringement jointly funded by the government,enterprises and society.The system can not only provide timely and effective compensation for the victims of environmental infringement,but also realize the social sharing of environmental infringement results,which is a supplement and improvement to the current environmental tort compensation system in China.However,as the current environmental damage compensation mechanism in China has not yet formed a unified legal system,the relevant provisions of environmental damage compensation only exist in a single law,it is difficult to provide financial compensation for other forms of environmental infringement damage,so it is urgent to establish a sound public compensation fund system for environmental damage.This paper uses the concept of literature induction,analysis and compare analysis,through to our country in several major public environmental tort compensation mode and the current similar funds system comparison,analysis of public environmental tort compensation fund system there is a application way is convenient,capital source in a variety of forms,there are national force as the backing of its unique advantages,At the same time,on the basis of learning from the public compensation system represented by Japan’s pollution compensation system,the United States’ Superfund law,France’s environmental infringement compensation fund system and Chinese Taiwan’s soil and groundwater pollution remediation fund system,It is suggested that China’s public compensation fund system for environmental infringement damage can be constructed from the following aspects:clarifying the applicable situations of the fund,broadening the sources of compensation funds,standardizing the application process of the fund,reasonably defining the scope of compensation,clarifying the process of damage identification,and improving the management and supervision mechanism.We should also perfect the supporting system of public compensation fund for environmental infringement damage from the aspects of environmental liability insurance system and welfare guarantee mechanism.