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Study on Socialization System of Compensation for Damage from Environmental Totr

Author: YangZuo
Tutor: WuZhen
School: Jilin University
Course: Legal
Keywords: Environmental Tort Compensation for Environmental Tort CompensationSystem of Socialization
CLC: D922.6
Type: Master's thesis
Year: 2013
Downloads: 76
Quote: 0
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Since the beginning of the new century, the economy of our country has beendeveloping in high speed condition, the high speed development of society on theone hand created great convenience for people’s life, but at the same time, broughtserious environmental pollution problems, along with the increasingly seriousenvironmental pollution problems, violations of environmental rights and interests ofthe disputes are also increasing. However, there are some differences betweenenvironmental tort and the traditional tort, so the traditional tort damagecompensation system could not make good effect in environment infringement case.One of the most obvious defect is that the victim can’t get timely and effective reliefand become difficult. This kind of situation exacerbated social contradictions. Forthe inflicter, on the other hand, in order to avoid the disciplined duo to legal actions,they will tie their own production, which seriously hindered the social and economicdevelopment.This article attempts to analyze the current predicament of environment tortcompensation system in our country, and find out a new path out of the dilemma, atthe end of the article, author put forward some views about the new system design.Specific content as follows:First of all, the author introduces definitions and legal characteristics ofenvironmental tort and damages. Then author summarizes the peculiarity ofenvironmental tort and compares the environmental tort with the traditional tortdamages for the following analysis of the current dilemma of our countryenvironment tort damage compensation system.Then, the author analyze the deficiency of the current tort damagecompensation system from four aspect:the principle of filling damage, the man whotake responsibility, the principle of imputation and the statute of limitations. Atpresent, the purpose of the tort damage compensation system is mainly to fill thedamage,, the biggest drawback is that when people get more benefits from pollution than fill the damage, they will produce more pollution."Who infringe, who bear "own responsibility principle leads to the victim can’t get relief or the inflicterdevelops slowly or even collapse because of the heavy burden The principle of"No-fault liability” lead to inflicter has suffered punishment from legal action It’s notgood for people to explore new technology and hinder the social development. Thestatute of limitations will limit victims to apply for compensation.Then, the author points out that the environment tort compensation socializationsystem can solve these problems. The first section introduces what is the damagecompensation system of socialization and analyzes the system from the perspectiveof legal theory. In the second part, analyze the necessity of the system from theaspect of solving the dilemma of environmental tort compensation. The third sectionis to introduce the detail of the system.At last, the author puts forward a series of proposals to construct the system.Although the shortcomings of current compensation system can be solved bycompensation system of socialization, but nothing is good enough without defect. Sothe author thinks that constructing the system should adhere to some principles likethe principle of combining individualization and socialization and the compensationsystem of socialization play a complementary role. In addition, the function of thespecific systems which support socialize compensation system to build are not same,so the author puts forward same proposals about in the second part. Environmentalliability insurance makes the main function, the fund of public compensation systemand the social security system as a supplement. Third part summarizes the step thateach specific system be applied coordinately.In a word, people do not want to face environmental tort, but they cannot avoidit. Therefore, at present all we can do is trying to improve the level of science andtechnology, reducing pollution emissions. At the same time, design a set of perfectrelief system, so that the victims can get timely and sufficient compensation.

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