The Analysis Of The Pure Environmental Damage Compensation Claims

The environment has been the focus of common concern of humankind, the environment in general and the wide range of services around us, our lives and the environment are all at stake.Such a widespread produced a new kind of rights and interests, namely environmental rights and interests. Due to our improper use, caused the damage to the environment, the damage is not only for the personal interests and the property rights,but also for the rights and interests of the environment.Pure environmental damage refers to damage the interests of the environment itself, it is compared to the traditional theory of personal interests and the property rights.Looking around the environment legal system in our country,it doesn't have a clear definition on the Pure environmental damage,and the Effective mechanism of the environmental damage compensation is did not established.At present,the administrative organ, the judicial organs, environmental protection organizations and individuals are all efforts to explore on the road of environmental damage claims.However, many problems still exist,for example lack of awareness of pure environmental damage,deletion protect law of pure environmental damage,relief to the environmental damage too dependent on the executive authorities.This paper used a basic model in the pure environment rights and interests of damage claims.In the first part of this paper mainly aims at the research purpose and meaning of this article do summarization, comprehensively stated the domestic and foreign relevant theories about environmental damage, and gave a comb to these theories. Secondly, by analyzing the domestic and foreign scholars study about the different understanding of environmental damage, inducing their basic set of pure environmental damage. the pure environmental damage is different from environmental damage and environmental infringement, in addition environmentaldamage has the characteristics of the pure and constitutive requirements. Subsequently pure environmental damage in the foreign system has general characteristics were analyzed, summed up the valuable experience of the system. In the third and fourth parts of the article were the subject and content of the request object purely and compensation for environmental damage claims were analysis, the request should include the right to exercise the main environmental administrative organs,procuratorial organs, organizations and environmental protection individual citizens.Request object should include the human and social harm behavior. The fifth part is about our environmental damages legislation and institutional environment for the right to claim damages purely normative analysis and application of law analysis, the compensation claims based purely Lack of environmental damage, and combine theoretical and judicial practice, Analysis deficiencies. Finally, in the Part VI, due to legislation and judicial practice of our problem, proposed consummates self point of view of environmental damage compensation claims system.