Research On Legal Liability For Environmental Damage

The damage to the ecological environment itself is the real culprit in the environmental crisis.If you want to prevent or eliminate the ecological consequences of the damage caused by the facts,the injured person should be responsible for the damaged ecological environment itself to undertake ecological and environmental remediation and compensation of legal liability(this responsibility is referred to as the responsibility for environmental damage or environmental damage).Only in time to remove the impact of damage to the ecological environment,the consequences of damage caused by the accumulation of serious environmental pollution incidents will be avoided.Under the background of the construction of ecological civilization,the responsibility of ecological environment damage becomes a new research proposition.Why is it responsible for the damaged ecological environment? How is the legislative system of responsibility for ecological environment damage built? How does the practice of judicial responsibility for ecological environment damage? These are the questions of the history of ecological damage and the questions of the times.Face the above three questions,the Marxist view of ecological civilization can provide reasonable explanations and useful guidance,which is not a coincidence,nor is it God.Marxist ecological civilization is inherited and carried forward the Marx and Engels ecological environment thought,absorbed the essence of traditional Chinese culture,after several generations of the Communist Party of practice and exploration,gradually formed to Xi Jinping ecological civilization as the main content of the complete theoretical system.Marxist ecological civilization scientifically discuss the relationship between the ecological environment and people,advocate to respect nature,conform to nature,people and the ecological environment should coexist,treat the ecological environment like to treat their own eyes the same which is exactly the same as Marx’s "natural is human inorganic body".In the perspective of Marxist ecological civilization view of the ecological environment,Marxist ecological civilization gave birth to the legal responsibility of ecological environment damage as a new proposition.It is precisely because the Marxist ecological civilization view of the ecological environment itself,the value and status of the interpretation of the responsibility of the establishment of ecological damage will not be questioned.Marxist view of ecological civilization provides the ideological guidance and theoretical guarantee for the establishment of responsibility for ecological environment damage.The responsibility of ecological environment damage takes the Marxist ecological civilization as a theoretical basis because they have common reality,common goal,common way and common value.Marxist ecological civilization put forward the establishment of the most strict liability system for ecological environment damage.China is lack of ecological and environmental damage accountability system,civil relief,administrative relief and criminal relief can not solve the problem,and the pure ecological environment damage is in the exploration stage.The "Super Fund Law" of the United States,the Environmental Damage Liability Act of the European Union and the Basic Law of the Environment in Japan are worthy of reference.The ecological environment liability legislation is based on the general theory to the specific system.Legislative ideas,legislative principles and legislative status are the soul of the system construction guidelines.The principle of responsibility,constituent elements,exemption and responsibility commitment of ecological environment damage responsibility are the core part of system construction.Marxist ecological civilization is practical.It is of practical significance to translate the legal responsibility on paper into practical action.Responsibility for damage to ecological environment should be determined through judicial channels.The prosecution of the main body,the jurisdiction of the case,the burden of proof,litigation cost sharing mechanism need to be further standardized and clear in the judicial action.The implementation and supervision of the legal responsibility of the decision on the effective occurrence of the ecological environment damage have its particularity,and the relevant operation mechanism needs to be further adjusted and perfected.Only the legal responsibility can be satisfactorily performed,the concern of the ecology of the ecological civilization of the ecological environment itself will be answered,and it will really put the Marxist view of ecological civilization in the practical action.