The Study Of Judicial Relief System About The Pure Ecological Damage In Our Island

The island is the geomorphology of special form in the earth ocean surface,it is an important part of the supporting system of global life,and it is one of the valuable resource that promote national economic and social sustainable development.Our country possesses rich island resources,it can provide the strong power for our economic development if we carry on the reasonable development and utilization in islands.However,for a long time,the ecological environment of island has suffered serious damage when we in the process of developing and using island.Island ecological damage including the island ecological environment damaged that because of the infringement of environment and others' personal and property damage by the environment caused,between them,the damage of the island ecosystem also called ecological problem in our island is much more serious than the personal and property damage,so studying judicial relief system about the ecological damage in our island has vital significance to strength the protection of our island ecology and promote the healthy and sustainable development of island economic.Because the island ecological damage doesn' t involve the direct lose of right person' s right,it can' t carry out the relief by traditional civil litigation or administrative litigation in the procedural law,only by the environmental public interest litigation system to carry on judicial relief.Recently,the environmental public interest litigation system has become hot issues in the academic study,scholars' study of environmental public interest litigation mainly focuses on the scope of litigation,the qualification of plaintiff,the protection of litigation,the burden of proof,and the way of responsibility,it aims at proposing legislative proposals for the study of our environmental public interest litigation system and promoting the judicial relief system about the ecological damage in our island by studying the theory of Environmental Public Interest Litigation.However,the current study objects in the academics are too wide,so we ignore the particularity of the island ecological damage.It doesn' t distinguish the ecological damage in the island from the ecological damage in the terrestrial and carry on the special study to the specific procedures and rules that the ecological damage in our islandto the Environmental Public Interest Litigation.This article try to study our environmental public welfare system,combing the current existed problems of environmental public interest litigation system,and put forward the idea of perfecting the judicial relief system of pure island ecological damage in our country basic on the reference to Foreign Legislation and Judicial Practice by using literature research,case study,comparative study etc.,basing on the particularity of the ecological damage in our island and setting off from the theory and reality of protecting the island ecology.The basic logical structure of this article as follows:The first part of this article carry on the explanation and defination to the related concept,on the basis of reference to authoritative information,clarify the defination of the 'island','the ecological damage' and 'judicial relief system about the ecological damage',and state simply the legal basis of the judicial relief system about the ecological damage in the island;the second part introduces the current status of legislation and bases on the particularity of island ecological damage,analyzes of its problems,including the narrow range of plaintiff qualification,the supervision and use of ecological damage compensation is flawed and the preconditions for litigation are not specific enough etc..The third part is the study on the legislation and judicial practice of the judicial relief system of ecological damage abroad to sum up the areas worthy of our reference.The forth part,basic on the foregoing analysis,according to the current situation of protecting our island ecology,and on the basis of foreign experience to put forward to the idea of Perfecting the Judicial Relief System of Pure Ecological Damage in our country and expect to it is helpful to fix the reality problems.