Research On Compensation For Environmental Damage In Environmental Civil Public Interest Litigation

In recent years,China's environmental pollution incidents have been increasing,and the number of environmental civil public interest lawsuits has also increased significantly.Environmental damage compensation,as a form of responsibility in the judicial practice of environmental civil public interest litigation,refers to the remedy of the damage to the ecological environment caused by the responsible environmental infringement.The environmental damage compensation is a kind of monetary manifestation of the liability for environmental damage compensation,which has the same value pursuit as environmental civil public interest litigation.The essence is to maintain and compensate the environmental public interests which are infringed on the ecological pollution and destruction,and make the contaminated and damaged environment restored and compensated.However,in the trial process of environmental civil public interest litigation involving environmental damage compensation,there are some problems,such as the attribution of the compensation for environmental damages,the limitation of the scope of compensation and the difficulty of determining the specific amount of the compensation.And because China's laws do not make detailed and specific provisions on compensation for environmental damage,in the treatment of environmental damages after the court's judgment,there are also problems such as the lack of use procedures and follow-up regulatory mechanisms.It is extremely bad for the restoration of the damaged ecological environment.In order to fully realize the function of compensation for environmental damage,prevent and repair environmental damage,and safeguard the environmental rights and interests of the public.First of all,it is determined that the compensation for environmental damage should belong to all rights holders who enjoy environmental public interests and are damaged.Secondly,the scope of compensation for permanent environmental damage shall be clarified,and reasonable precautionary measures and litigation costs and appraisal and evaluation fees shall be included in the scope of existing environmental damages.Thirdly,improve the relevant legislation on environmental damage assessment,and make comprehensive provisions on environmental damage assessment institutions,assessment standards and assessment procedures.Finally,the special environmental public welfare fund is used to manage the compensation for environmental damages,and the scope and procedures of the compensation for environmental damages are clearly defined.This article can be divided into three parts to discuss the compensation for environmental damages.The first part is the outline of environmental damages compensation in environmental civil public interest litigation.This paper expounds the definition and characteristics of environmental civil public interest litigation,explains the compensation for environmental damage,and determines that it can be used as the form of environmental civil public interest litigation,and defines the related definitions and characteristics of environmental damage compensation.The second part is about the present situation and existing problems of compensation for environmental damages.At present,the problems exposed in the judicial practice of environmental damage compensation in China are mainly manifested in the unclear quality,the application premise and the amount of compensation is not clear,and the use process and the follow-up supervision mechanism are missing.The third part is the proposal to improve the compensation system for environmental damages.In view of the problems existing in the current compensation for environmental damage,suggestions are put forward from the angle of clarifying the attribution of environmental damage compensation,determining the scope of compensation for environmental damage compensation,improving the system of environmental damage assessment,and clarifying the use and supervision of the compensation for environmental damage.