Research On The Legal System Of Ecological Environmental Damage Compensation Guided By Xi Jinping's Theory Of "Two Mountains"

The frequent occurrence of environmental problems in China has become a serious constraint to China's national economic development,which is the basic national condition that China must face.The General Secretary Xi Jinping attaches great importance to the protection of ecological environment,and puts forward the theory of “lucid waters and lush mountains are invaluable assets”.He proposed to establish a complete system of ecological civilization and protect the ecological environment with strict legal system.The ecological environment damage compensation system undertakes the specific task of perfecting “ecological conservation performance assessment and accountability”,which can effectively hold the responsibility of ecological environment damage.It has a certain deterrent effect on the polluter by making the polluter responsible for environmental governance and repairing the liability.Ecological environmental damage compensation system is the practice of Xi Jinping's theory of “Two mountains” in the field of ecological management,and will work with other ecological environmental protection systems to promote the development of ecological civilization construction in China.Environmental legislation in our country focuses on the rescue of the environment-mediated relief for personal rights and property rights.Establishing a perfect system of damages for ecological environment is an indispensable institutional arrangement for solving environmental problems.To analyze the legislative and judicial practices of ecological environmental damage in our country,the current ecological damages system faces the following dilemmas: Firstly,the ecological environment damage treatment mechanism is single,the administrative responsibility mainly cause the damage and the penalty not equal.Secondly,the claim mechanism is not sound,the claimants are not clear,the procedure of litigation and consultation is absent;Thirdly,the ecological damage assessment is difficult,the ecological value is not easy to quantify,the appraisal evaluation system is not perfect;The fourth is the lack of social path of ecological environmental damage liability,the progress of ecological environmental damage liability insurance system are slow,and the legislation of the eco-environmental damage compensation fund is basically missing.In the face of our environmental damages,some suggestions to improve the compensation system for ecological environmental damage in China are put forward under the theory of “Two mountains”: Clear ecological environment damage claim person,the environmental protection administrative organs,environmental protection social organizations,prosecutors are basic compensation subjects,the social public is the supervisory body;With Xi Jinping' system ecological thought as the guidance to establish the procedure of ecological damage compensation and consultation procedures,the litigation and negotiation process system to make the claims road unimpeded;Improve the appraisal system of ecological environmental damage compensation appraisal,and make specific recommendations from the perspective of assessment methods,evaluation procedures,evaluation institutions,personnel supervision and government responsibility;In view of the social sharing mechanism,it is proposed to establish ecological environmental damage compensation liability insurance and fund system,disperse damages risk.