China's Natural Resource Damage Relief Legal System Building

Natural resource damage which is different from the traditional damage (personal injury, property damage or mental impairment) is a new type of natural resource damage itself. It means for industrial activity or other man-made causes of human survival and development of natural resources necessary to rely on the physical, chemical, or biological properties of major significant adverse change, or directly or indirectly appear on natural resources of the ecological function of significant damage, damage and destruction. Compared with the traditional damage, natural resource damage has its own new special. Divorced from the natural resource damage relief outside the system of legal remedies, so that the damage of natural resources have been wantonly often without legal remedy. The identification of natural resource damage liability, damage quantification and the recovery of natural resources have the lack of corresponding legal rules and norms. In this regard, the paper analyzes the major countries of foreign relief to legal practice of natural resource damage, damage to natural resources in our country benefits a typical case, liability for damage from natural resources found, a clear relief agencies, natural resources, expand relief, the establishment of natural resource damage assessment system and environmental public interest litigation and other aspects of building the system of natural resource damage relief.This article includes the following chapters:The first chapter introduces the definition, character and substance of damage to natural resources. Natural resource damage which is different from the traditional damage (personal injury, property damage or mental impairment) is a new type of damage. Compared with the traditional damage, damage to natural resources, natural resources, the object itself; impaired subjects have no specific and extensive; damaging consequences are intangible and difficult recovery and long-term latent. Damage to natural resources is essentially a public interest environmental damage.The second chapter analyzes the damage to our natural resources, status and lack of relief. Empirical analysis of the article to the method of "Tasman Sea" oil tanker case as a typical example, analyzes the case to resolve natural resource damage in the difficult issues, such as the determination of the main prosecution, damage quantification, natural resource damage assessment. In the legal system, the existence of natural resources, environmental damage to the administrative measures of relief, environmental tort law system and the environment, and lack of public interest litigation and restrictions. As the protection of traditional environmental tort law are limited to the personal and property rights, natural resources alone can not provide protection and relief of ecological interests, and environmental administrative legislation and control measures is not yet complete, the formation of "a problem, not the system" the situation. The third chapter analyzes and learns legal practice from the major international treaties and the United States, European Union, Russia's natural resource damage relief. The enlightenment of Extra-territorial legal practice is to be a clear relief of the main natural resource damages; to create public interest litigation; to establish natural resource damage assessment system.The fourth chapter constructs China's natural resource damage relief legal system. with the current legal system and judicial practice, to resolve natural resource damage "has a problem, no system" of the situation, relief must be constructed of natural resource damage the legal system. In building a legal system, this natural resource damage liability around the Elements, who is the best relief of the main natural resource damage, natural resources, how to identify and quantify damages, the judicial relief issues such as how to start the procedure carried out in-depth study. The specific content of liability for damage to natural resources including natural resources constitutes a harmful actions, the fact that natural resource damage and causation; request for relief subject to the administrative department of environmental protection, and the first order of relief as the main body. When the first order of subject omission, any citizens or environmental groups can be a second order of relief subject; remedy is restitution and exclusion against the main responsibility for damages, supplemented by way of commitment. Damages also require the use of social relief measures to offset damage caused by lack of human capacity for damages. Finally, in terms of relief channels expand eligibility from the plaintiff by reason cases, prior informed the procedures and preliminary injunction to build environmental public interest litigation.