Study On Liability Of Ecological Compensation In Our Country

Environmental resource are the material basis of human survival and development. Excessive human exploitation of natural resources, resulting in the kind of natural resources and the number increased. Ecological compensation system is the balance point, Human beings have found that between economic development and ecological environment protection. Ecological compensation reflects the harmonious development of relations between man and nature protection. According to the scientific knowledge and natural law, human beings establish the harmonious relationship between man and nature. In April 2014, China revised the “environmental protection law”. The ecological compensation legal system for the first time in the law. This means that the legal system of ecological compensation has been formally established. Liability of ecological compensation plays an important role in the whole ecological compensation legal system. Ecological compensation legal responsibility to be investigated, so that the behavior of ecological compensation is not fulfilled by the law of punishment. Legal responsibility for ecological compensation, in order to protect the ecological compensation system effectively to be fulfilled, and the national compulsory execution.Liability of ecological compensation makes the development and utilization of natural resources and the protection of the environment to achieve dynamic balance. This article explains the legal concept of ecological compensation, combining liability and legal theory. It builds the theoretical foundation for liability of ecological compensation. Through the analysis of the legal relationship of ecological compensation, the legal system of ecological compensation can be deeply understood. The legal relationship of ecological compensation is clear the subject of the ecological compensation and the object of ecological compensation, and the rights and obligations of each subject. The legal relationship provides theoretical support for the legal responsibility of ecological compensation. The paper had five major parts. The first part introduces the background and practical significance of the study. The second part analyzes the basic theory of the legal liability of ecological compensation. This part mainly introduces the concept of the legal liability of ecological compensation and ecological compensation. And combines with the theory of environmental legal liability, analyzes the theoretical basis of the legal liability of ecological compensation. This part clarifies the relationship of ecological compensation between the main body, the object and the rights and obligations of each subject. The third part and the fourth part of the detailed analysis of the administrative legal liability of ecological compensation and the civil legal obligation. They are mainly composed of elements, assume the way and other related content. The fifth part through the introduction of the practice of the case, summed up the current stage of China’s ecological compensation legal responsibility. And analyzes the legislation and practice of the problem. So the author puts forward several proposals. I think it should be made to the research institutes or companies to replace the compensation subject to use ecological compensation funds or liquidated damages. These research institutes or companies have the corresponding professional knowledge. The performance of this generation to achieve the real role of ecological compensation. It safeguards the use of compensation funds or liquidated damages, and combines the professional technology.