我国环境污染导致健康损害的赔偿保障体系思考

本文就我国现有法律法规体系、技术现状及组织体系进行剖析。结果表明,我国环境污染导致健康损害赔偿的法律支撑体系严重不足,亟需出台适合我国国情的《环境损害赔偿法》,从法律层面对整个健康损害的赔偿保障体系进行明确指导。针对现有健康损害赔偿的技术支撑体系严重缺乏、认定机构的人员队伍建设薄弱等现状,本文提出应加大相关组织队伍建设,以提高环境损害的技术支撑能力。此外,还需要建立一个更高级别的专业的环境健康污染损害、赔偿与协调机构。该机构应是由国家多部门(环境保护部、保监会、财政部、卫生部、司法部等)共同认可的第三方仲裁机构,且具备独立的性质,负责污染导致的损失评估、责任认定、事故处理、资金赔付等各项仲裁工作。

Reflection on the Supporting Compensation System for Health Damage by Environmental Pollution in China

This paper discusses on the available laws and regulations system, as well as the status of techniques and organization system. Results indicate that it is rather deficient for the compensation system of health damage caused by environmental pollution, and an Environmental Damages Act, which meeting China''s situation, should be established urgently, so that it guide clearly the whole supporting compensation system for health damage. To make up the deficiency of supporting technique and the shortage of the staff in the organization authorized, this paper suggest that the construction of the involved organization should be strengthened, in order to improve the ability of the supporting techniques for environmental damage. Additionally, a senior and professional coordination organization for environmental damage, compensation and coordination should be established. A third party arbitration institution with depend nature should be recognized jointly by the national multiple departments (the Ministry of Environmental Protection, the CIRC, the Ministry of Finance, the Ministry of Health, the Ministry of Justice, etc.), which responsible for loss assessment, responsibility identification, accident handling, capital compensation and other arbitration work.