Research On Claim Subject Of Environmental Damage

Environmental damage, which is mainly caused by human being, is the fact that environmental balance is encountered significant devastating changes going against human and other organism."Human"stands for the general human being in"human environmental damage". Therefore, the victims of environmental damage are human being. Environmental damage is the damage to common advantages of environmental resources that devastates the state and quality of ecological balance, which meets the requirement from environmental benefits.Identifying the subject of environmental damage counterclaim,is propitious to fill up the damage of environmental interests,and to resolve the social crisis;is propitious to fill up the legal gap,and to improve the legal system of environmental damage;is propitious to accumulate the experience of juridical practice,to strengthen the role of law in environmental protection.Theoretically speaking, the damage claim subject question specify to Civil action field is the question of Proper plaintiff. The theory of proper plaintiff mainly includes the theory of qualifications of litigants, and the theory of interests of action. Since victim of environmental damage is the overall humanity, environment interest, as the object of environmental damage, is by no means tradition substantial right, but a law profit. Therefore, the theory of qualifications of litigants constrains environmental damage claim constitution, but the theory of interests of action has solved the elementary theory question of environmental damage claimed by whom.From the law abroad, American law stipulates government is subject of environmental damage counterclaim. As the assignee administrant of specific natural resources, government must take the obligation as much as possible to reserve and protect the natural resources for public benefit. The highlight of environmental damage counterclaim subject from European Union (EU) is to build up double subjects of environmental damage counterclaim system. In other words, state is the first subject of environmental damage counterclaim while the environmental groups and individual from non- government organizer are considered as the second subject of environmental damage counterclaim. The second subject of environmental damage counterclaim gains the qualification of environmental damage counterclaim when the first subject of environmental damage counterclaim takes no action or improperly action.Our country can make the state as he first subject of environmental damage counterclaim; make individuals, environmental groups as the second subject of environmental damage counterclaim. Theory evidence of taking the state as the first subject of environmental damage counterclaim is Public Trust Theory, which means the state enjoys the"so-called"ownership to environmental interest. Due to the trust from public, state has the obligation to safeguard public to live in favorable environment. As the second subject of environmental damage counterclaim, individual and environmental protection organizations are mainly to protect the public benefit from damage by the administrations because of their own ability and benefit limit.As the first subject of environmental damage counterclaim, the state needs to be represented by administrations to carry on the environmental damage claim. On behalf of the state on the environmental damage claim, on one side, environmental damage claim right must be concentrated in a proper department to execute, on the other side; they should differentiate between the way of land and sea. Specifically speaking, the right of environmental damage counterclaim of terrestrial is intensively carried on by environmental protection department, and marine administrations are responsible for the right of sea environmental damage counterclaim. However, since the state doesn't enjoy the rights to trust property, therefore, when administrations carry on the environmental damage claim, its right of counterclaim will get some restriction, such as limits of civil jus despondent and the use of compensation.