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A Research on the Fund System of Damage Compensation for Environmental Tort in Our Country

Author: MaZuoJuan
Tutor: JiaAiLing
School: Zhejiang Forestry University
Course: Environment and Resources Protection Law
Keywords: Environmental tort Compensation for Damages Fund system
CLC: D922.68
Type: Master's thesis
Year: 2010
Downloads: 156
Quote: 1
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Abstract


Environmental tort increasingly complex , the number of people involved in its impact , the scope, the length of time other tort difficult to compare traditional remedies based on personal responsibility can not meet the demand for modern environmental tort , should be transported while Health is the responsibility of society and the compensation socialization . Environmental Tort public compensation fund system that is a new way of social relief , its core by the government to levy taxes , potentially polluting enterprises to provide a variety of ways to raise funds , financial allocations and social formation of public compensation fund the victim , not yet the case can not be applied environmental liability insurance or financial guarantee in accordance with the the environmental Tort public compensation fund to the relevant departments to apply for funds compensation claims in the ordinary civil remedies . Environmental Tort public compensation fund system defects , blank areas to supplement and improve the existing relief system . This paper uses the comparison method , the value of the analysis , economic analysis and literature induction , the first analysis of the limitations of the existing environmental tort relief system , extended to the the Environmental Tort public compensation fund system , explain its specific connotation , described its the theoretical basis and the necessity of establishing this system in our country . In the second half of the paper , China's actual situation , learn from foreign experience based on specific build this system . Environmental Tort public compensation fund system began in the 1960s , today the system has been considerable development in the extraterritorial , but has not yet been established in our country , in-depth study of this paper, this system , is intended to build our environment damage to public compensation fund , to provide a useful reference for China to establish and improve relevant legal system of environmental tort damages .

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