企业污染环境民事赔偿制度分析-analysis of civil compensation system for enterprise pollution environment.docxVIP

AbstractAlong with the industrial development of mankind, a number of major environmental pollution accidents happened in the worldwide. Those gave huge warning to mankind that we should seek the way of living in harmony and common development. At present, our corporate environmental pollution accidents occur frequently, which is the result of the excessive pursuit of economic efficiency and the expense of the environment by Chinas enterprises. At the same time, Chinas environmental laws and regulations on environmental pollution damages provisions of the inadequacy and legislation is not perfect. If China wants to achieve sustainable development, we must resolutely put an end to such a major environmental pollution accident, and to avoid huge losses to society, humans and the environment.Firstly, the study of the case of Zijin Mining which analyzes the results of judgment in the case shows a great shortage of Chinas environmental laws and regulations on civil compensation of environmental pollution. In addition, this paper will analysis the ordinance by listing of Chinas fundamental law, the basic Law, a variety of single-line laws and regulations, civil law, tort law, local laws and regulations, which are relating to environmental pollution civil liability provisions. Then, it will evaluate the Chinas environmental laws and regulations which are related to the environment pollution civil liability provisions. Following by pointing out the deficiencies of Chinas laws and regulations in the civil compensation of environment system, which means the inadequacies of the scope of compensation, reparation, compensation standards. For example, without the associated environmental damage compensation fund, there is no treatment of the polluted population, protection of the entire system. Finally, the study provides the inadequacies of Chinas environmental laws and regulations, propose appropriate countermeasures, such as expanding the scope of compensation, and de