Study On The System Of Compensation For Ecological Environment Damage

A large number of environmental pollution incidents have shown that pure relief of personal and property and other pure economic damage caused by environmental accidents are unable to satisfy the need for environmental justice and the sustainable development of human society.Establishing the compensation for ecological environment damage to strengthen the responsibility of ecological environmental damage,has become the consensus of environmental protection system in contemporary countries around the world.Based on the present situation of compensation for ecological environment damage in China,this paper points out that,due to there are no sound laws and regulations of ecological environment damage,it is difficult to realize ecological restoration by relying on existing single administrative punishment or administrative mediation or tort law.The fundamental purpose of the compensation for ecological environment damage is based on ecological environment restoration,which is obviously distinguished from the administrative penalty for violation of social administrative order and the personal and property damage compensation from the perspective of traditional tort law.This paper argues that China should establish the compensation for ecological environment based on human environmental right.This system aims to safeguard the long-term interests of the people as the fundamental requirement and constitute a legal relief mechanism of multi-party participation,including the government to fulfill the environmental responsibility according to the law of public law enforcement as the starting point,and the environmental protection organization to bring environmental public interest litigation,and procuratorial organs to bring up the prosecution proposal,environmental administrative public interest litigation or support the prosecution.In the process of compensation for ecological environmental damage,administrative authority should make full use of modern administrative consultation management concept and achieve administrative reconciliation with obligation for compensation through consultation to quickly determine the liability,avoiding a waste of time and money resulting from the single way of litigation.In the process of litigation,it should pay attention to the effective convergence of consultation and litigation and the ordinal relation between different litigation subjects in order to fully mobilize the enthusiasm and initiative of the parties to protect the ecological environment.