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现行侵权责任法以及环境保护法中对于受害人损害填补的力度不大,且制度的操作性较弱,通过确立社会化的损害风险分担机制可以补充现行法的不足,环境责任强制保险制度限于其属于限额保险,对于影响面广、损害者众多的环境事故则无法全部赔付,因此参考国内外先进经验建立环境损害补偿基金制度就成为当务之急。
The existing Tort Liability Act and the Environmental Protection Law do not make enough efforts to fill in the damage of the victim, and the operation of the system is weak. The lack of existing law can be supplemented by the establishment of a social damage risk sharing mechanism. The compulsory insurance system of environmental liability is limited to those which belong to The quota insurance can not fully pay for environmental accidents with a wide range of impacts and numerous harms. Therefore, establishing an environmental damage compensation fund system with reference to advanced experiences both at home and abroad has become a top priority.