Study On The Mechanism Of Ecological Environment Public Welfare

Currently China few people are concerned about ecological and environmental damage relief problems, ecological environmental public interest remedies even if there is limited study in environmental civil tort remedies and relief to China's public interest environmental damage lack of specialized research and legislation did not establish dedicated public interest environmental damage relief system. However, as we all know, public interest environmental damage caused by harmful consequences can not be ignored by us, damage through efforts to build and improve ecological environment in the public service of social relief mechanism and the legal mechanisms to improve the environment itself has become a top priority.Ecological interest is public interest, vital to human survival and development requires not only on the level of our conscious attention, more need to upgrade it to be legal laws, make the relief to its stability and continuity. How the eco-damage relief law, institutionalized, how to ensure that these laws, institutionalized the ecological damage relief can in reality true, solve these problems before the first should clarify what is the meaning of ecological damage relief, that is, what kind of ecological damage we need relief.1. the results of ecological damage should be human caused ecological damage but not caused by natural disasters.2. are the direct victims of ecological environment. Violations causing ecological damage against the object pointed to by ecological components or formed the action comprising multiple interconnected whole. This is different from traditional environmental torts in the tort of environmental elements of the media.The specific methods of eco-environmental public interest remedies:1. not all ecological damage can achieve relief. To construct the ecological damage relief law the purpose of the system is given as possible ecological damage relief, and the process of its legal and institutionalized. Obviously, the legal system is abstract, specific provisions cannot be directed at a specific ecological damage, so that the law needs to have universality, which require a certain standard. Ecological damage may obtain relief include:the ecological damage is caused by human behavior, ecological damage meets the legal requirements of the extent of damage, liability explicitly.2. compared to traditional tort law remedies, relief may not be adequate for ecological damage. Ecological damage of the complexity and limitations of existing technical conditions even at the legal level will be clearly specified rules of the assessment methods may also be caused by the amount of compensation is not sufficient to management and remediation of ecological damage, full relief. In conclusion, although the remedy law system construction of ecological damage and unable to fully accomplish the complete relief of ecological damage, but cannot have no ecological damage remedy legal system on the protection of the ecological environment, the positive effect of the public interest in preserving the human.The first part describes the basic theory of ecological environment of public interest remedies, introduced the ecological damage, ecological environmental damage, damage of ecological public welfare relief, the theoretical basis of eco-environmental public interest remedies.Part ? introduces the mechanism of eco-environmental public interest remedies review and reference, including:1. the ecological environmental investigation of the mechanism of public interest remedies,2. reference on foreign relief mechanisms for eco-environmental damage, including relief subject of lawsuit, liability for ecological damage, ecological damages remedy, ecological damages, social relief of ecological damage.Part ? introduces the ecological mechanism of environmental public interest remedies status and insufficient, first introduced the situation of relief mechanism for ecological and environmental damage in China, including both from the legal system and judicial practice are introduced. Then the insufficiency of relief mechanisms for eco-environmental damage in China, respectively, from the lack of relief entity legal system for ecological damage, and 2, restrictions of relief system for ecological damage both to introduce.Fourth Department is divided into perfect China ecological environment public damage relief mechanism of recommends, first introduced has perfect ecological environment public damage relief of legislation, respectively from ecological damage relief legal system of legislation concept, and ecological damage relief legal system building of basic framework frame two aspects for legislation of building; then analysis has building diversified of ecological environment public damage of legal.relief mechanism respectively from established sound ecological environment public damage ADR relief mechanism, and perfect ecological environment public damage civil relief mechanism, and Administrative procedure relief on ecological environmental damage mechanism and construction of eco-environmental damage lawsuit relief mechanism to improve. Last suggestion of perfecting China's social relief mechanism of eco-environmental damage from the establishment of eco-environmental damage liability insurance, the establishment of eco-environmental damage relief fund system and establishment of a financial guarantee system for eco-environmental damage in three aspects to improve.This paper only remedy legal system on the ecological damage from the general direction of building and improving vision, specific detailed rules and regulations still need further analysis.