论环境民事赔偿责任社会化的理论基础

一、问题的提出20世纪以来,随着工业化和城市化的大规模推进,世界范围内的环境问题日趋严重,环境侵权现象也日益增多,因环境污染和生态破坏所造成的损害及其救济已成为我国经济社会发展所面临的一大社会问题。环境侵权事故发生之后,如何对受害人及时、充分、有效地进行法律上的

On the Theoretical Basis of the Socialization of Civil Compensation for Environmental Liability

The system design of socialization of civil compensation for environmental liability is strongly and realistically meaningful to remedy the deficiency of our current system of civil compensation for environmental liability and provide full and effective relief for victims of environment torts,but it requires some reasonable theories as its theoretical basis.At present,Chinese scholars have not yet formed unanimous view on the theoretical basis of the socialization of civil compensation for environmental liability.Based on analyzing the theoretical cornerstone of system establishment and the basis of system operation,the authou argues that the evolution of theoretical cornerstone of compensation for civil liability derived from the social standard and the dynamic development of the theory of interests balance in the field of civil compensation for liability should be considered as the two theoretical bases of socialization of civil compensation for environmental liability.