On The Improvement Of Compensation System For Ecological And Environmental Damage

At present,one of the reasons why the environmental deterioration and the decline of ecological regulation function can not be effectively solved is that the compensation system of ecological environment damage is not perfect.In the environmental tort relief as the main object of environmental legislation only solve the personal rights and property damage relief problem in the environment for the media of our country's environmental degradation,ecological regulation dysfunction cannot effectively solve the ecological environment damage compensation system is not perfect.The environmental legislation,which is the main remedy of environmental tort,only solves the problem of the remedy for the damage of personal rights and property rights in the environment.Although the disposal of ecological damage has been extended in the legislation,however,the practice has not changed the traditional thinking.Therefore,to improve the ecological environment damage compensation system as the core of the ecological environment damage relief system,is to solve the problem of ecological environment is an indispensable institutional arrangements.On the basis of "ecological environmental damage compensation system reform scheme"(hereinafter referred to as the "plan")ecological environment damage compensation system for the environmental factors and biological elements of its own ecological environment damage,is built on the basis of ecological damages can be repaired on the right to compensation,composed of compensation,consultation,system survey system,evaluation system,system repair scheme,litigation and a series of content.This paper mainly through the comparative analysis of the ecological environment damage and environmental tort,the scope of connotation,ecological damages and ecological compensation concept to grasp the similarities and differences of ecological environment damage compensation system and applicable remedies.And sort out the existing national policies,laws and regulations system of compensation for the damage to the ecological environment of the implementation plan in the text in the various provinces and cities have been compared through reform,ecological environment damage compensation system in the presence of their duties are not in place,consultation system operation is not strong,single responsibility and how to deal with ecological environment damage compensation and administrative punishment,environmental public interest litigation convergenceproblems,the countermeasures to solve the above problems based on the reference of foreign outstanding experience based on: first,can be considered a citizen,other social organizations or specific state organs as the second level of the claimant,supervise and urge or is their own suits;secondly,the criterion system of consultations consultations consultations application,notification,consultation,consultation consultation Business participants,consultation period,repair plan,approval and announcement,agreement on supervision and termination of the agreement clearly;again recommend relief to the public ecological environment damage should be taken to restore the ecological environment,to monetary compensation for the loss of the responsibility of the supplement;ecological compensation,ecological environmental public interest environmental litigation and administrative punishment do converge,rationalize the relationship between the three.