The Orientation And Construction Of Compensation System For Ecological Environment Damage In China

The construction of ecological civilization in China has gain more attention in recent years.At the same time,the system reform on ecological civilization goes continuasly deepen,which include ecological environment damage compensation system.In contrast to the remedy to damages to the person and private property,the damage to ecological environment per se become a separate type of damage,thus how to remedy the damage adequately become a public concern.At present,the system of environmental infringement in China is still centered on the protection of the rights and interests of private parties,which can't provide enough remedy for ecological environment as it's based on public interests.Ecological environment damage compensation system primarily focuses on the protection of ecological environment.On the basis of discussing the logical connotation of ecological damage and analyzing the integration of ecological environment damage compensation system with the existing system both in theory and practice,this thesis tries to study how to build a reasonable ecological environment damage compensation system to meet the needs of ecological environment protection.Besides the preface and conclusion,this article is divided into 3 chapters.The first chapter introduces the concept,characteristics and public interests foundation of ecological environment damage.The damage to ecological environment per se reflects the interest of unspecified majority is affected,which differs from environmental tort,natural resource damage and environmental damage.Moreover,The restoration of the ecological environment is the primary responsibility of the obligor.Besides,the scope of compensation includes the costs of emergency measures,transitional ecological environment service function loss,etc.In the end,this chapter also introduces the development of identification and evaluation of ecological environment damage which plays an important role in compensation in China.The second chapter analyzes the position of ecological damage compensation system under the existing environmental law framework.As far as the law in force right now,The Environmental Protection Law grants environmental groups to bring environmental public interest litigation,and Civil Procedure Law stipulates procuratorial organs are entitled to bring environmental public interest litigation.However,the local governments in provincial and municipal level have the right to claim compensation for ecological environment damage.Based on the analysis of the government's responsibility of administrative environmental protection and the public interest litigation raised by environmental protection groups and prosecutors,this chapter puts forward feasible suggestions to straighten out the relationship between the three types of litigation.The third chapter proposes the construction path of ecological damage compensation system.The local governments in provincial and municipal level must consult with the obligor before filing the litigation.The agreement they conclude will obtain enforcement through judicial confirmation process.If they can't reach a consensus,the local governments in provincial and municipal level should sue for damage.The lawsuit should apply the principle of inversion of burden of proof and no-fault liability principle.Furthermore,arbitration can also be used as a means for resolving disputes over damages to the ecological environment.This chapter also discusses the management of ecological environmental damage compensation fund and environmental liability insurance system in China.