Research On Legal Issues Of Environmental Administrative Compensation

Attaching importance to the legal system of environmental administrative compensation plays a decisive role in the construction of a rule of law society,reflecting the profound connotation of respecting and guaranteeing human rights in the modern country ruled by law.In today's society,the provisions of environmental administrative compensation in our country is not specific enough,is too abstract,resulting in practice can not reach a reasonable relief phenomenon have occurred,and the scope of environmental administrative compensation and the amount is limited,serious damage to the relative person's right to indemnification.With the acceleration of the rule of law in China,people's awareness of the rule of law and legal consciousness is increasing.People's protection of their legitimate personal and property rights is gradually deepened,and the government has also put forward higher requirements for the government to perform its duties fairly and fairly.And the theoretical research level of the legal system of environmental administrative compensation is not rich enough,indicating that its theoretical research and system construction have not been paid enough attention in China.Improving the legal system of environmental administrative compensation will become a major issue in the construction of environmental rule of law in China.Environmental administrative compensation legal system is an important legal system to regulate state power,especially administrative power,and protect citizens' rights,especially citizens' property rights.But the implementation of environmental administrative compensation for the victims in the face of reality is very grim situation,combined with the theory of system construction of environmental administrative compensation in the academic circles of our country failed to attract enough attention,based on the theory of practice is weak,often in a lawless dilemma,imminent to perfect the environmental administrative compensation legal system construction.Based on this,the author firstly introduces the meaning of environmental administrative compensation,the legal nature and theoretical basis,through reading and screening,a large number of literatures and expounds the basic theory of environmental administrative compensation.Secondly,it combed the successful experience and comprehensive evaluation of the legal system of environmental administrative compensation in France,the United States and Japan.Then combined with the shortcomings of the legal system of environmental administrative compensation in China,the problems in the operation of the system are studied and discussed.Finally puts forward some suggestions,including the constitution,adjustment of environmental administrative compensation way,the implementation of the program,improve the environmental administrative compensation to broaden the environmental administrative compensation relief way clear environmental administrative compensation,which proposed the establishment of environmental administrative compensation fund system to.In addition,in order to guarantee the rights of citizens can be protected by law,at the institutional level is necessary in the existing system of administrative compensation scale of environmental administrative compensation system to be specified,should cover the establishment of environmental administrative compensation principle,scope of implementation,the implementation of standards,the implementation of the program,and the means of relief.The experience of other regions and countries on environmental administrative compensation of outstanding theoretical achievements and practical experience will make the environment of the legal system of administrative compensation in our country more and more complete,protect the environment,improve the ecological benefits,reduce environmental disputes,fairness and justice of the value orientation.