On Constitutive Elements Of Ecological Environmental Damage Compensation

The core problem of the compensation system of ecological environmental damage is accountability.Civil liability and criminal liability and administrative liability constitute the complete legal responsibility,ecological environment damage compensation liability as a kind of civil liability,not only has to fill the compensation function,should also have the function of punitive damages.Ecological environmental damage compensation liability,though not free in the framework of environmental interests,tort liability to pay compensation,but substantial changes have taken place in its connotation,so that the ecological environment damage compensation liability can’t simply to traditional tort liability law of environmental interests,the rules of the constitutive requirements.Imputation principle as a kind of legal value judgment,determines the classification of the ecological environment damage compensation liability and constitutive requirements,so to discuss the ecological environment damage compensation liability before the concrete constitutive requirements,should solve the application of the principle of liability fixation of the problem.The constitution of tort law in the system of imputation is very controversial in theory,and there are several viewpoints of "monism","dualism" and "pluralism".The principle of fault liability embodies the value idea of the law guaranteeing freedom.As long as the agent pays attention to the duty of reasonable and careful attention,the general damage can be avoided and the social order is maintained.With the rise of the development of the productive forces,the principle of no-fault liability has been developed,which embodies the transformation from "correction of justice" to "distributive justice".Tong said that the responsibility for environmental pollution is more prone to a dangerous responsibility,and the principle of no-fault liability is applied.However,the tort liability law only adjusts the harm of environmental pollution to personal and property rights,and does not stipulate the content of ecological environment damage.In addition,in the legislation of natural resources in China,such as the mineral resources law,some laws apply the principle of fault liability.Therefore,the protection of the ecological environment cannot simply be applied to the principle of fault or no-fault liability,which needs to be analyzed concretely.Using typed thinking to analyze the ecological damage compensation liability,the damage can be repaired as the standard,which can be divided into recoverable ecological environment damage and irreparable ecological damage.In the case of ecological damage which can be repaired,the actor shall be liable for compensation and the principle of no-fault liability shall be applied.At this time,the constitutive elements are the ecological damage behavior,the fact that the ecological environment can be repaired,and the causal relationship between the two.Ecological environment in irreparable damage compensation cases,such as atmospheric pollution this category,there is no way to accurately calculate its ecological environmental interests,and damage the long latent period,damage range,applicable to fill the damages cannot protect the ecological environment benefit,so should take punitive liability to pay compensation.It not only imposes stricter responsibilities on the actor,but also has a stronger deterrent effect on society.But punitive damages liability can’t abuse,so that the responsibility should return to the fault liability principle,on the constitutive requirements,needs to prove that behavior of subjective fault,ensure the fair and justice of law.