The System Of Liability For Ecological Environmental Damage

At present,ecological environment damage’s responsibility is still in the absence of position in our country’s environmental law system.The current environmental lia bility is essentially the civil,criminal and administrative three legal liability.Accordin g to the theory of the legal structure of environmental law,ecological environment da mage is the infringement of environmental rights in the ecological environmental righ t system,and the liability of ecological environment damage is the relief against the in fringement of environmental right.The uniqueness of ecoenvironmental damage liability system is that it covers the multiagent of environmental law.The responsibility system of ecological environmental da mage needs the joint participation of government,enterprises and the public.Ecoenvironmental damage is in the position of environmental liability in the system of la w,and it has a parallel position with the traditional three responsibilities.Through the typical text of the legalization of environmental damage liability in foreign countries,the EU Environmental Liability directive and the U.S.Superfund law provides referen ce for the construction of ecoenvironmental damage liability system.The liability principle of the ecoenvironmental damage liability system adopts the dichotomy,the fault liability for cu mulative ecological damage is adopted,and the faultfree ecological environment damage adopts nofault liability;the scope of ecological environmental damage relief includes damage t o the ecological environment and Relief for environmental health damage;the respons ible person for responsibility for ecological environmental damage is the operator and the government;the responsibility for the responsibility for ecological environmental damage is compensation for ecological environmental damage,restoration of ecologic al environment and compensation for damage to ecological environment.