Study On The Ecological Environment Damage Compensation Litigation Filed By The Administrative Organs

With the economic sustained and rapid growth,ecological and environmental problems are becoming increasingly prominent.The "enterprise pollution,the masses suffer,the government pays the bill" has existed for a long time,the source of pollution is difficult to prevent and the embarrassment of the damage liability is difficult to recover,which makes the ecological damage without compensation.Public environmental rights and ecosystems are not protected.As an important part of the construction of ecological civilization,the core goal of the reform of the system of compensation for ecological environment damage is to solve the problem that has been puzzling people for a long time,so that the air pollution,water pollution and soil pollution can get rid of the "tragedy of the common land".From the pilot scheme of the ecological environment damage compensation system to the reform plan of the ecological environment damage compensation system,all of them are gradually exploring and perfecting the relief system for the ecological environment damage,which is given to the provincial level.The claim right of municipal government and related departments is a bright spot as well as a great progress.In the process of environmental protection,administrative organs can not only carry out environmental control,but also exercise claims and litigation rights as supplementary means to relieve the damage of ecological environment.As can be seen from the cases of ecological environmental damage compensation in the pilot areas,the amount of compensation claimed by the government is very large,which is far higher than the environmental penalty,which makes the polluters pay a heavy price.Thus forcing enterprises or individuals to strengthen their awareness of legal responsibility and environmental protection consciousness.This paper is based on the question of the litigation qualification of the lawsuit of environmental damage compensation in the administrative organ,and analyzes its nature as a public interest litigation or a private lawsuit,which is related to the current environmental public interest litigation.From the legal provisions,the theoretical discussion of scholars and the actual administrative advantages of the administrative organs,to seek the legitimacy of the administrative organs' right to claim for action.At the same time,combining with the problems in the pilot area,this paper discusses how to ensure its effective implementation in practice,so as to better relieve the damage to the ecological environment.Finally,it is concluded that the litigation of ecological environmental damages brought by administrative organs belongs to civil public interest litigation,which together with the current environmental public welfare litigation constitutes the important content of ecological environment damage compensation system.The administrative organ is mainly based on the national environmental protection obligation,in order to guarantee the citizens ' right to live in a beautiful and stable environment,and the relief to the damaged ecological environment.In order to ensure its better function,it is necessary to coordinate the administrative authority and claim right of the administrative organ itself,and to realize the connection between the compensation litigation of the ecological environment damage and the environmental public interest litigation.In addition to ensuring the rational use of the claim right of the administrative organs,the environmental liability insurance system should be perfected from the point of view of the enterprise so that the polluting enterprises can pay enough money for the restoration of the ecological environment.Through the above research,I hope that it can be helpful to sort out the administrative organs to bring ecological environmental damages litigation,for its more perfect legal norms or better practice.