Research On The Remedy System Of Ecological Environment Damage In China

Science the 18 th National Congress of the Communist Party of China,the construction of ecological civilization has been placed in an important position which is in the overall layout of socialism with Chinese characteristics,and its concept has been further developed in China.Under the background of this era,it is important to solve the problem of ecological environment damage and focus on the remedy for ecological environment itself instead of the damage caused by it.Now,the remedy system of ecological environment damage in our country is consist of the environmental civil public interest litigation system and ecological environment damage compensation system,so by analyzing ang straightening out the two systems,we can know the problems in our ecological environment remedy and find a path to make it better.In the practice of ecological environment damage remedy,the claimant covers the government authorized by the state council,and an authority or relevant organization prescribed by law,specifically they are eligible social organizations and Procuratorial organs.However,the procuratorial power exercised has the characteristics of supervision and modesty,which should be the ultimate means for the ecological environment remedy.Therefore,the article selects the government and the social organizations,and analyzes their performance in both system and practice.As a claimant,the government is regulated in ecological environment damage compensation system,while the social organization is in the environmental civil public interest litigation.Although the provisions of the claimant are different in these two systems,the applicable scope of two systems in damage remedy are on highly consistency,for example,the objects in these two systems are both ecology and environment including the factors of atmosphere,soil,water,plants and animals etc.In the regulation,the one who does damage to the ecological environment should take responsibility,and the scope of it is overlapped in the two systems,and it shows the characteristics of joint application in the local system and practice.Summarizing the system and practice of ecological environment damage remedy in China,we can find two problems in reality: first,the preventive responsibility in ecological environment damage is difficult to implement;second,the converging of the two systems needs to be clarified.In the first problem,although the preventive responsibility is regulated in the environmental civil public interest litigation system,there is no any cases in practice.And short this kind of responsibility will increase the difficulty of the remedy of ecological environment in fundamental,and therefore the government should perform the obligation of information disclosure,guarantee the right of knowing,and provide a premise for social organization to initiate environmental civil public interest litigation.In the second question,the converging of the two systems should be focused on the methods of remedy.In particular,the converging of consultation and the environmental civil public interest litigation,and two kinds of litigation in the systems.In the converging of consultation and the environmental civil public interest litigation,the consultation conducted by the government should be put in the first place,and just when the government is slack to consult within a certain period of time,the social organization is allowed to initiate environmental civil public interest litigation.However,before proceeding,the social organization can play a supervisory role and urge the government to conduct consultations.And in the converging of two kinds of litigation in systems,although the nature of two litigation are differences,it is also not necessary to set position,because there are no differences in the effect of litigation and the scope of remedy fundamentally.In general,although the ecological environment damage remedy has already been practiced,it still has many aspects to be perfected in both practice and system.Carry out the preventive responsibility and clarify the converging of two systems,will play an important role in the ecological environment remedy.