The Research On The Legal Issue Of The Ecological Damage Authentication

Along with the rapid development of society and economy,ecological damage compensation case which caused by ecological events presents the fast growth momentum,restricting the development of society and affect the stability of the society.However,ecological compensation disputes,unlike handling damage compensation disputes in general,the fact that considers technical,must depend on the ecological damage authentication.However,ecological damage authentication of related theory and practice is still in the exploratory stage,from the point of theoretical research,legal concepts,legal relations and other issues of ecological damage authentication need to be clear.From the point of practice,our authentication service are far cannot meet the demand of the reality,it is an urgent need to establish scientific,systems,and effective ecological damage authentication system.In this paper's context,using the theory of Marxism,reveal the theory basis of establishing legal system of ecological damage authentication.By such as Conocophillips Bohai bay oil spill cases,the necessity of establish the legal system of ecological damage authentication and discriminate the legal relationship of ecological damage are analyzed.Finally,the article based on clarify the concept of ecological damage authentication,expounds the relevant thoughts of establish the ecological damage authentication of the legal system.This paper structure is as follows:The introduction part,mainly discusses the three aspects of content:first,the research significance on the legal issue of ecological damage authentication,the second,the research overview on the relevant issues of ecological damage authentication,the third,and ecological damage authentication related terminology.The first part,based on the current study and problems on the juridical practice of ecological damage authentication,the legal problem of ecological damage authentication,here are several major ones:1.The legal research of ecological damage authentication have limitations.2.The scope of ecological damage authentication is uncertain on the juridical practice.3.Ecological damage authentication of legal relationship is not clear.4.Ecological damage authentication of legal supervision mechanism is not sound.The second part,from the Angle of philosophy,ecological economics and jurisprudence,expound the theoretical basis of ecological damage authentication.Based mainly refers to the ecological of Marxism philosophy theory and the theory of ecological holism;Ecological economics theory basis refers to the ecosystem service function value theory,ecological and economic coordination development theory;Jurisprudence theory mainly refers to the order of application value theory,the application of fair value theory,ecological damage authentication of law set and the related theory of legal supervision.The third part,through the Songhua river pollution incident,Conocophillips Bohai bay oil spill cases,the gulf Conocophillips oil spills and Zijin mining contamination cases,establishing of the legal system of ecological damage authentication are analyzed,ecological damage authentication of legal relationship and the necessity of legal supervision mechanism are cleared.Which respectively discusses the event review,the causes and the enlightenment of the cases.The fourth part,through the analysis of subject,object and contents of the legal relationship of ecological damage authentication,I expound the legal relationship of ecological damage authentication,discussed the way to unified the applicable rules of ecological damage authentication standard and to establish a unified the legal supervision mechanism of ecological damage authentication are necessary methods to inquiry into the legal system of ecological damage authentication in the judicial practice.Conclusion part,through the above analysis,the application of the unified ecological damage authentication standard rules is the scope of establishing ecological damage authentication.To build ecological damage authentication of legal mechanism is the necessary way to solve ecological damage compensation dispute.establishing ecological damage authentication of legal relationship is essential to perfect the legal system of ecological damage to the center of a ring.