环境污染受害者利益补偿机制研究-经济法专业论文.docxVIP

compensation compensation by a lawsuit is the maj or 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 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 pr