Research On Judicial Determination Of Compensation For Ecological Damage

Ecological justice comes with human cognition of nature.The natural environment of human cognition,from the early "Anthropocentrism",that the natural environment is the human use of the development tools,now that man and nature is a part of the ecological environment is indispensable,the unity of ecological community of interests.Ecological justice includes ecological distribution justice and ecological justice.Ecological justice requires human destruction of the ecological environment,but the need to undertake the responsibility of ecological restoration.Through the environmental public interest litigation,the use of judicial means of ecological damage compensation demands,is the embodiment of ecological justice.The judicial determination of the amount of compensation for ecological damage is a process to quantify the ecological damage compensation through environmental public interest litigation.The quantitative dependence of ecological damage depends on the development of environmental science and technology,and the judicial determination of the amount of compensation for ecological damage is more dependent on the judicial identification of ecological damage.Taizhou case price environmental compensation is the result of joint efforts to promote the judicial identification of ecological damage has played a very important role,but there are still many problems.Specifically,the ecological damage compensation litigation laws and regulations on the basis of the scope of compensation and the nature of the amount of compensation is not clear.The standard of compensation for ecological damage is still the standard of traditional civil tort,and it seems to be higher in determining the amount of compensation for ecological damage.The amount of compensation for ecological damage specifically identified in the judicial procedures are not perfect ecological damage judicial appraisal support system,consultation system,the amount of compensation to determine the ecological damage is not perfect,and lack of performance security system.To solve the problem,to improve the ecological compensation legal norms,legal norms provide basis for compensation for ecological damage;clear ecological damages and legal nature,reduce the standard amount of compensation for ecological damage;the key is to perfect the system of compensation for ecological damage set consultations,consultations first;the establishment of Ecological Compensation Fund,in order to provide material guarantee promote the ecological damage judicial innovation ecological damages,mode of payment,the payment is carried out,taking into account the ecological protection and economic development.As a result,to provide a useful exploration for the determination of the amount of compensation for ecological damage,and suggestions for environmental protection.