On The Issues Of Environmental Damage Compensation In Environmental Public Interest Litigation

In recent years,the number of environmental public interest lawsuits faced by our country is increasing,which not only has a wide range of impacts on our society but also has a lot of harm consequences.And the relationships in them are extremely complicated.In environmental public interest litigation cases,a large part of them will involve environmental damage compensation.However,in terms of legislation,China does not specify the scope of environmental damage compensation,nor does it specify the management of environmental damage compensation;in terms of China's existing research results,there is not too many discussions on environmental damage compensation in environmental public interest litigation issues;in judicial practice,trials of environmental public interest litigation cases are still in an exploratory stage in courts of China.In similar cases,the judgments made by the courts may also be very different.Against these backgrounds,first of all,this paper carries out an analysis based on a large number of cases in China's judicial practice.The author retrieves key words from the "China Judgment Document Network".By the end of February 2018,there were about 156 relevant judgments.Through the collection and analysis of these judgments,this article summarizes the features of environmental damage compensation in environmental public interest litigation cases,and combines the legislative status and implementation status of relevant systems in China to analyze the law of the cases and identify the real topic of this paper.There are four aspects of the issue: First of all,the criteria for determining the environmental damage compensation are not very clear;secondly,the management of environmental damage compensation is a mass;thirdly,the implementation of environmental damages is incomplete.Secondly,by searching and reading the research results on environmental damage compensation in domestic and foreign papers,in this paper,the scope of environmental damage compensation is clearly defined,the criteria for determining the amount of environmental damage compensation are argued,and the way to improve the supervision and management of environmental damage compensation in practice is discussed.This paper will provide some references for the judicial practice of environmental public interest litigation in China.While determining the amount of environmental damage compensation,the determination of service function loss fees must be prudent;the use of the virtual governance cost method requires a more comprehensive consideration of many factors,including the nature of the environment,the type of environmental function in which the environment was originally classified,the extent of damage and the difficulty of governance.Although the appraisal report is important,it does not have a pre-determination effect.The court still needs the cross-examination opinions and the verification results of both parties to determine the amount of environmental damage compensation.After the amount of environmental damage compensation is determined,by establishing an independent environmental damage compensation fund to manage the environmental damage compensation,each environmental damage compensation can be implemented effectively,and the environment in environmental public interest litigation cases can be saved in a timely and effective manner;at the same time,while determining the way to implement environmental damage compensation,the court is tend to make a more humane decision.Finally,when facing the sky-high compensation in some cases,the author proposes to introduce the pre-paid environmental deposit system,the environmental damage compensation quota system,and the environmental damage compensation insurance system.