Research On Litigation System Of Compensation For Damage Of Ecological Environment In China

China is a key node in the period of social transformation.The mode of developing the economy by sacrificing the environment has long been unable to meet the needs of the current social development.Therefore,it is imperative to build a country under the rule of law and strengthen the reform of the ecological civilization system.As one of the important grippers of the reform of the ecological civilization system,the reform scheme of the compensation system for ecological environment damage(hereinafter referred to as "the reform plan")was formally promulgated in the end of 2017,which not only corresponds to the overall goal of the overall promotion of the rule of law in the fourth Plenary Session of the 18 th CPC Central Committee,but also marks the compensation system for the damage of the ecological environment.The degree has been initially established in China.One of the major breakthroughs in the reform program lies in the relief level of the damage to the ecological environment itself,and it has formally established the system of compensation for the damage of the ecological environment with the government and its designated departments and institutions as claims rights holders.However,due to the short trial work time,the national implementation has just begun,the basic preparation of the system is full,the source of the government's right of appeal and its legal basis,the challenges and difficulties faced in the construction of the ecological environmental damage compensation litigation system,and how to improve the litigation system for the compensation for the damage of the ecological environment.Degree and other issues need to be further explored.Therefore,this article starts from the connotation of the ecological environment and the ecological environment compensation,and then explores the legal basis and the nature of the ecological environmental damage compensation litigation,and then examines the legitimacy of the plaintiff qualification as the core of the litigation,and then summarizes the construction of the litigation system for the compensation for the damage of ecological environment in China through the analysis of the status quo.There are some problems in the legislative and judicial practice,and some rationalization proposals are put forward for the construction of the litigation system for the compensation for the damage of ecological environment in China.First,the connotation of ecological environment damage is discussed,and the liability of ecological environment damage and ecological environment damage is defined by the definition of the relevant definition of the reform plan,and the value,the complex of the cause and process of the damage,the public and multiplicity of the damage consequences are put forward.The characteristics of sex.Then,based on the theoretical basis of claim for ecological environmental damage,we define the nature of compensation for the damages of ecological environment.Secondly,based on the current legal provisions of our country,we analyze the legislative situation of the absence of the upper law in the litigation of compensation for the damage to the ecological environment.At the same time,we take the specific judicial cases as the starting point for the trial of the reform program in China,and discuss the difficulties and problems in the construction of the specific litigation system.Among them,the legitimacy of the legal rights of the government as the right holder faces difficulties,the imperfection of the rules of the litigation,the lack of effective system management of capital management,the single way of responsibility bearing,the unclear position brought by the litigation system of different subjects and the lack of effective guarantee mechanism for the smooth proceeding of the lawsuit.Finally,on the basis of learning from the advanced legislative experience of other countries,we put forward rationalization proposals for the improvement of the litigation system for compensation for the damage to the ecological environment.In order to establish and standardize the litigation system of compensation for damage to the ecological environment by establishing the single line law,the legitimacy of the government's right of appeal is confirmed according to law,and the relationship between the environmental public interest litigation and the damage compensation litigation of the ecological environment is properly coordinated.From the specific rules of the compensation obligor,the principle of imputation,the burden of proof,the appraisal and the cost of litigation,the rules of litigation are clarified and perfected.At the same time,the concrete norms of capital management are set up,and the social relief mode is introduced to ensure the smooth progress of the litigation.A suit system for compensation for the damage to the ecological environment suitable for the development of our country is constructed.