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The interests of the victims of environmental pollution compensation mechanism

Author: XuJianWen
Tutor: QiaoShiMing
School: Central University for Nationalities
Course: Economic Law
Keywords: environmental pollution victim compensation mechanism
CLC: D922.68
Type: Master's thesis
Year: 2010
Downloads: 48
Quote: 0
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Abstract


During the past three decades, Chinese environmental pollution became serious with its high economic growth when China begun reforming and opening to the world. Environmental pollution accidents happened continually in recent years in China. Polluted area is transferring from coastal region to the inland areas. Pollution Events have bloomed all over the place in China. The environmental pollution and relieving victims of pollution will be serous social problems which caused by Industrialization. This article makes a preliminary study on the theme of helping the victims of environmental pollution. This article discusses the superior and inferior between the system of compensation by a lawsuit, the system of environmental liability insurance and the system of compensation fund on victims of environmental pollution. The compensation by a lawsuit is the major measures, with the support of environmental liability insurance so as to compensate the necessary appliance place of victim. Environmental damage compensation fund hasn’t been established in China. Environmental litigation provides traditional relieving means for the victims of environmental pollution, but its cost is high and risks is also relatively large. Even if it won the case, it may occur the problem that the verdict can not be implemented. Litigation can compensate the losses for victims, but it’s not comprehensive. Environmental liability insurance is effective way to solve this problem to the responsibility of the community through risk-based approach. On one side it make the victims receive relief timely and effective, on the other hand it makes the polluters bear the damage caused by its reasonable responsibility, pveventing pulluter into bankruptcy because of huge compensation and keep the balance of all party’s interests, but the mechanism also exist some limitations. This article also describes the environmental damage compensation fund system, the system of environmental damage compensation fund has not begun in China and it is lack of theoretical research on the subject. So the author plant to establish a system of China environmental damage compensation fund in the future according to drawing on the mature foreign experience. The article makes a systematic analysis of meaning, characteristics and function among the three types of compensation mechanism, then analyses the problems and the reasons of the first two systems in reality, and proposes some advice on the improvement of compensation mechanism legislation. In the light of our current national situation, this thesis suggests that we should have the legal system of environmental damage compensation fund by drawing on mature foreign system. In order to protect the interests of the injured party, we should establishing a three-dimensional protection networks for the victims, so as to keep the society have sustainable development and keep society harmonious and stable in future.

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CLC: > Political, legal > Legal > Chinese law > Natural Resources and Environmental Protection Act > Environmental Protection Act
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