Research On The Legal System Of Ecological Damage Relief

The ecological damage is the damage to the public interests of the ecological environment. The objects of the traditional environmental tort remedy are only limited to the personal rights and property rights, are not the interests of the ecological environment. It is not only against the "there is the damage, there is the relief", but also not conducive to people’s life, production and the protection for environment.The view of sustainable development, the theory of legal interest and the polluter pays principle are the theoretical support for the ecological damage relief. In our country, the law of ecological damage relief has three shortcomings. There are the absences of substantive law and procedural law, and over reliance on administrative acts.Investigate other foreign ecological damage relief laws and combined with our country’s specific national conditions and existing legal system, find the beneficial inspiration mechanism, which can be used as reference for our construction of ecological damage relief law.Constructing and perfecting the legal system of the ecological damage relief law should adhere to the legislative idea, which is the sustainable development of human and nature harmonious development view. Then construct and perfect the ecological damage relief law in the ecological damage constitutive requirements, principle of imputation, exemptions, and the scope of liability and so on. Highlighted the two elements structure of relief main, and take the principle of fault and no fault in order to adapt to the special combination of ecological damage.Constructing and perfecting the ecological damage relief law system should rely on three aspects. There are the substantive law, procedural law and the social relief. In order to ensure the best effect, we should to improve the tort law, environment law, administrative law and the environmental public interest litigation. In addition, the social relief system, which includes the ecological damage insurance system, ecological damage relief fund system and so on, is an indispensable part of the environmental damage relief.