环境污染受害者利益补偿机制研究

发布时间：2018-10-25 12:24

【摘要】：改革开放三十年来,随着我国工业化、城市化的大规模推进和经济的迅猛发展,我国的环境问题日趋严重,环境污染事件也日益增多,污染带已从沿海地区向内陆转移,环境污染事件已在全国遍地开花,因工业化所导致的环境污染和对环境污染受害者的救济将成为今后的一大社会问题。本文对我国环境污染受害者利益补偿机制进行了初步分析,探讨了诉讼补偿制度、环境责任保险制度、环境损害补偿基金制度对维护环境污染受害者补偿的得失。我国对环境污染者补偿机制的现实情形是诉讼补偿机制为主,环境责任保险为辅,环境损害补偿基金制度尚未建立。环境污染诉讼可以为受害者提供传统的救济途径,但是其诉讼成本较高，，诉讼风险也比较大,即使胜诉,也可能会出现无法执行的问题,诉讼方式可以对受害者损失进行补偿,但并不全面。环境责任保险是通过风险责任社会化的方式解决这一问题的有效途径之一,它一方面有助于受害者得到及时、有效的救济,另一方面又使得污染企业对其所造成的损害承担合理的责任,不致因巨额赔偿而陷入破产的境地,实现各方利益的平衡,但该机制也存在着一定的局限性。另外本文还介绍了环境损害补偿基金制度,目前我国环境损害补偿基金制度还未开始,对其理论研究明显不足,故本文借鉴了国际上的一些成熟经验,作为我国未来建立环境损害基金补偿制度的参考。因此,本文运用历史分析、比较分析等多种研究方法,对三种补偿机制的内涵、特征和功能进行了比较系统的分析和论述,并对前两种制度在现状中存在问题及其原因加以分析并提出了一些立法方面的完善建议,另外、也借鉴国际上关于损害赔偿基金的成熟运作制度,结合我国实际情况,提出了建立环境损害基金补偿制度的构想。本文通过构筑一道保护环境污染受害者利益保障的立体网络,以期实现充分维护受害人的合法权益的功能,维护社会和谐、稳定,促进社会的可持续发展。
[Abstract]:In the past 30 years of reform and opening up, with the industrialization, urbanization and rapid economic development of our country, the environmental problems in our country are becoming more and more serious, and the environmental pollution events are increasing day by day, and the pollution zone has shifted from the coastal areas to the inland areas. The environmental pollution events have spread all over the country. The environmental pollution caused by industrialization and the relief to the victims of environmental pollution will become a major social problem in the future. This paper makes a preliminary analysis of the mechanism of compensation for the interests of the victims of environmental pollution in China, and probes into the benefits and losses of the compensation system of litigation, the system of environmental liability insurance and the system of compensation fund for environmental damage to the victims of environmental pollution. The actual situation of compensation mechanism for environmental polluters in China is that litigation compensation mechanism is the main one, environmental liability insurance is supplementary, and the compensation fund system for environmental damage has not been established. The environmental pollution lawsuit can provide the victim with the traditional remedy way, but its lawsuit cost is higher, the lawsuit risk is also bigger. Even if the lawsuit is successful, there may be problems that can not be carried out. The way of the lawsuit can compensate the victim's loss. But it is not comprehensive. Environmental liability insurance is one of the effective ways to solve this problem through the socialization of risk liability. On the one hand, it helps the victims to get timely and effective relief. On the other hand, it makes the polluting enterprises bear reasonable responsibility for the damage caused by them, and will not fall into bankruptcy because of the huge compensation, and realize the balance of the interests of all parties, but the mechanism also has some limitations. In addition, this paper also introduces the system of compensation fund for environmental damage. At present, the system of compensation fund for environmental damage in our country has not been started yet, and the theoretical research on it is obviously insufficient, so this paper draws lessons from some mature experience in the world. As a reference for establishing the compensation system of environmental damage fund in our country in the future. Therefore, this paper makes a systematic analysis and discussion on the connotation, characteristics and functions of the three kinds of compensation mechanisms by means of historical analysis, comparative analysis and other research methods. The problems and reasons of the former two systems in the present situation are analyzed, and some legislative suggestions are put forward. In addition, the mature operation system of the international damage compensation fund is also used for reference and combined with the actual situation of our country. The idea of establishing compensation system of environmental damage fund is put forward. By constructing a three-dimensional network to protect the interests of the victims of environmental pollution, this paper hopes to realize the function of fully safeguarding the legitimate rights and interests of the victims, to maintain social harmony and stability, and to promote the sustainable development of the society.
【学位授予单位】：中央民族大学
【学位级别】：硕士
【学位授予年份】：2010
【分类号】：D922.68

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