The Study On The Scope Of The Right Holders Of Ecological And Environmental Damage Compensation In China

With the development of society and economy,people have increasingly strict requirements on environmental quality.The status and role of the ecological environment have become more and more prominent in China's domestic life and economic development.However,in China's environmental damage compensation system,there are still some certain problems about the environmental tort damage compensation system in the basic legislation,that is:it only stipulate the personal injury compensation,the property damage compensation,and the marine ecological damage compensation.But the compensation for environmental and ecological damages has not yet been clearly specified in legislation.Meanwhile,due to the existing problems such as inadequate legal system,weak technical support,and lack of establishment of socialized fund sharing mechanisms,the right holders cannot get the full compensation of ecological environment damage;ecological environment cannot be recovered in time,so it is necessary to establish the compensation system of ecological environmental damage as soon as possible.The Party Central Committee and the State Council pay high attention to compensation of ecological environmental damages.The Third Plenary Session of the 18th CPC Central Committee explicitly proposed that the person who is responsible for causing the ecological environment damage should strictly implement the compensation.However,China's compensation system for ecological environmental damage has not yet been explicitly taken into the"Environmental Protection Law of the People's Republic of China," or the"Environmental Protection Law."This cannot be satisfied to the needs of the destruction of the ecological environment,and it is insufficient to make up for the damage caused by environmental infringement.At the end of the thesis,several practical suggestions were proposed by the author and hope the legal community will pay attention to make the continuous improvement of the right holders for the ecological damage compensation and in order to promote environmental protection and the sustainable development of the society.The thesis mainly discusses the scope of the rights holders of ecological and environmental damage compensation in China.The first part define the concept of ecological damage compensation,and analyze the characteristics of the ecological and environmental damage compensation right holders,especially focusing on the analysis of the connotation and characteristics of ecological and environmental damage,and also make a comparison between the rights holders of ecological environmental damages and the subjects of the administrative and public interest litigation.The second part discusses the type of right holders of ecological environmental damages.Although the current "Pilot Program for the the Ecological Environmental Damage Compensation System,(hereinafter referred to as the "pilot program")has only specified that the provincial government can be regarded as the ecological environment compensation right holder,it also discusses government entities other than provincial governments,including the State Council,the municipal government,and the county government.And it not only discusses administrative subject can be regarded as the subject of compensation but also tries to explore citizens and collective economic organizations.At the same time,it also discusses how to identify the right holders of compensation for ecological environmental damage in the cross-regional event.The third part inspects the subject of compensation for the ecological damage to some countries and international organizations outside the domain.It mainly analyzes the relevant provisions of the United States,Russia,and the EU on the rights holders of ecological environmental damages.Combined with the actual conditions of our country,the author analyzes and discusses that China can learn from some of its advanced relevant legislative provisions to promote the improvement of the system.The fourth part proposes corresponding solutions on the condition of the former discussion about the issue of current ecological damages right holders.The subject of compensation for rights holders should be clearly defined in the legislation,and the scope of the right holders of compensation for damage to the ecological environment should be further expanded and in order to provide effective legal theoretical support for the rights holders of ecological damage compensation in our country.