Study On The Eco-environmental Damage Compensation

Eco-environmental damage compensation is a civil remedy for the damage to the ecological environment itself,which is different from the traditional environmental tort damage.The environmental tort is a special tort of traditional tort law system.The type of the environmental tort damage caused belongs to the infringed one’s private interest of personal and property damage,which ignores the damage to the ecological environment itself.The civil relief of Eco-environmental damage faces the dilemma of lack of substantive law,imperfect procedural law and incomplete system construction.This article mainly analyzes the definition of the Eco-environmental damage,the theoretical basis of damage compensation,the constitutional elements of compensation liability and the undertaking of compensation liability from the perspective of compensation liability,hoping to perfect the legal construction of Eco-environmental damage compensation.In addition to the introduction,this article contains four parts:The first part defines the Eco-environmental damage under the premise of analyzing the environmental tort Starting from the concept of environmental tort,we classify the cause and the consequences of environmental tort,and then introduce another type of damage caused by environmental tort,which is different from the traditional damage—Eco-environmental damage.It refers to the adverse changes of the quantity and quality of every environmental element that is caused by the improper production of human life(polluting the environment and destroying the ecosystem),or the consequence of the degradation of ecosystem function which is caused by the environmental elements.Eco-environmental damage is widespread and consists of complex relationship and causes multiple consequences.The second part,it explores the legitimacy of the ways of compensation liability for the relief of Eco-environmental damage.The ways to provide relief to the ecological environment are diverse and indicate the comprehensive application of administrative responsibilities,civil responsibilities and criminal responsibilities.The primary type for civil remedies is to restore the original state(repair of the ecology)and to compensate for damages,of which the responsibility for compensation is the subject of this article.The theory supporting the compensation for Eco-environmental damage includes the natural body rights theory,state ownership theory,public shared physics theory,environmental rights theory andenvironmental public interests theory.This article is in favor of the theory of state ownership and the theory of environmental public interests.It advocates expanding the scope of protection the rights and interests of tort law and realizing the civil remedies for the damage of ecological environment.The third part discusses the constitutional elements of Eco-environmental damage liability under the premise of establishing the principle of liability.In terms of the doctrine of liability fixation,it suggests that fault liability should be applied in cases where environmental tort causes public welfare damage,and takes the illegality as the objective criterion for judging the fault.In terms of damage behavior,the type of Eco-environmental damage behavior is complex,and the environmental events should be refined on the behavior and consequence.As far as the consequences of damage are concerned,it is different from the risk of damage,the premise of liability for compensation is the occurrence of the fact of damage.The identification of damage facts needs further development of an environmental benchmark system and a damage assessment system.Talking about the causal relationship,it is based on the presumption of causation and the rule of inversion of the burden of proof.The fourth part mainly discusses the undertaking of Eco-environmental damage liability on the subject of compensation,scope of compensation and claim procedures.The right holders of compensation include provincial(municipal)government authorized by the state,the organs provided by the law,the environmental public welfare organizations and the procuratorate.It is necessary to extend the person that is responsible to the controlling shareholders and the actual controllers who have a direct impact on the damage,and to explore the socialized system of the compensation for the Eco-environmental damage.Based on the provisions of the existing system for the scope of compensation for Eco-environmental damage,it analyze the compensation fees of different natures.It also advocates that under the principle of damage filling,punitive damages is not suitable because of the repetitive functions of administrative fines and penalties in application.The generalized environmental damage compensation suit is the integration of environmental damage compensation litigation and environmental public interest litigation initiated by the provincial(municipal)government.The bases of the claim rights of the two lawsuits are different,but the scope of application is highly consistent and should be fully connected in the setting of procedures.