On The Right To Claim Compensation For Eco-environmental Damage

In environmental damage,ecological environment damage is a new type of damage,which is different from the traditional personal and property damage,and it is the damage to the ecological environment itself.The right of claim for compensation for ecological environment damage is the right of the obligee to request the doer to compensate for the loss when the doer damages the ecological environment by polluting or destroying the environment and threatens the normal service function of the ecosystem.The pilot scheme of the reform of the ecological environment damage compensation system and the reform scheme of the ecological environment damage compensation system have been promulgated successively.It is proposed that the ecological environment damage compensation system should be gradually expanded from the pilot projects of some provinces and cities to the trial implementation nationwide,which promotes the theoretical research and practical exploration of the claim for ecological environment damage compensation in China.The article mainly focuses on four parts of the right to claim compensation for damage to the ecological environment:The first part is about the connotation and characteristics of the right to claim compensation for damage to the ecological environment.Firstly,based on the definition of the connotation of "ecological environment damage" in Chinese normative documents and academic circles,the connotation of "ecological environment damage" is summarized,and the connotation of the right to claim compensation for ecological environment damage is that the actor damages the ecological environment by polluting or destroying the ecological environment,and the obligee claims the actor to bear compensation for the loss based on the damaged ecological interests.The right.Its characteristics lie in that it is a supplementary liability,the object of protection is public welfare,and there are intersections with the right of claim for compensation for damage caused by environmental tort.The second part mainly discusses the jurisprudential basis of the claim for compensation for damage to the ecological environment,pointing out that it refers to the ecological interests,and its right basis is the environmental rights,and on this basis,it discusses the legal benefits of the ecological interests and the privatization of the environmental rights.The third part is about the obligee and the object of claim for compensation for ecological environment damage.It points out that government organs,procuratorial organs,environmental protection organizations and citizens are legitimate obligees,and expounds the order of the right subjects.The object of request is mainly the person responsible for the damage to the ecological environment,the administrative organ responsible for environmental protection and the insurance company responsible for the ecological insurance.The fourth part is mainly about how to realize the right of claim for compensation for ecological environment damage.The obligee claims the right through consultation,litigation or arbitration,summarizes and enumerates the scope of compensation for ecological environment damage,and how to use and manage the compensation.Finally,it is about how to guarantee the realization of the right of claim,that is,by means of the socialized sharing of the liability insurance system for ecological environment damage.The insurance mode of damage and the establishment of compensation fund for ecological environment damage.