论环境侵权损害中致害人负担与基金救济的衔接

The Connection Between Infringement Liability and Compensation Funds of Environmental Tort Damages

环境侵权损害填补基金在我国尚未建立,其具体构建方案也有待学界加以探讨,其中关键在于致害人负担与基金救济的衔接问题。文章在参考域外立法经验的基础上,从我国环境侵权损害填补基金应有的性质及目的入手,提出制度构建的相应对策,以期取得抛砖引玉之效。

The compensation funds for environmental tort damages have not yet been estab-lished in China. Its concrete construction plan also needs to be discussed by the academic com-munity. As an important part in the construction of concrete systems, the connection between infringement liability and funds in environmental tort should be paid attention to by academic community. The study starts with the nature and objective of funds on the basis of reference with the foreign legislation,and then gives suggestions on the construction of concrete systems, in order to provide some reference for more studies.