The Study On The Institutionalization Of The Principle Of Damage Liability

The principle of liability for damage is enshrined in the environmental protection law,which complies with the requirements of the era of environmental protection.In order to reflect the connotation of the principle of damaging liability,the institutionalized research on the principle of damaging liability is an important part of its function.This paper summarizes and analyzes the status quo of the implementation of the principle of damage and liability in the existing legal system,It mainly proposes countermeasures and suggestions on the aspects of the responsible party,the way of responsibility,the mechanism for the implementation of compensation liability,and the third party assessment.The research idea of this paper is broadly based on the following four steps.First,the summary of the principle of damage liability;Second,the existing legal system implements the principle of damage liability;Third,the existing legal system exists in the implementation of the principle of damage liability.The fourth problem is the institutionalization of the principle of damaging liability.The first part is an overview of the liability principle.This part is carried out from three aspects,one is to analyze the concept of the principle of liability and liability in terms of damage and responsibility.The second is to introduce the evolution and development of the principle of responsibility for environmental damage.The third is to analyze the necessity and significance of responsibility for environmental damage.The second part is to implement the principle of damage and liability in the existing legal system.It is to be carried out in two aspects: first,the construction path that undermines the principle of accountability,and second,the implementation of the principle of damage and liability in the existing legal system.The third part is the existing deficiencies of the existing legal system in the implementation of the principle of damage liability.Problems are mainly raised from four levels: First,the main responsibility is not clear;Second,the way of responsibility is not perfect;Third,the mechanism for the implementation of damage liability is not in place;Fourth,the lack of a third party responsibility assessment system.The fourth part is the institutionalization of the implementation of the principle of damage liability.As the key part of this paper,it mainly proposes from four aspects: First,implement the system of indirect subject liability;second,improve the system related to the way of damage liability;third,establish the system for the collection and management of damage compensation funds;and Fourth,establish an independent responsibility evaluation system.