Study On Legislation Of Compensation System For Ecological Environment Damage

With the rapid development of our country economy,the environment is getting worse and worse,the function of ecological regulation is decreasing,the environmental problems are still serious,the Law of Tort liability of China General principles of Civil Law prescribes the relief mode of environmental pollution as a special tort.However,the provisions of the above-mentioned laws are only for the relief of personal and property losses caused by environmental pollution,But there is no specific provision for the damage to the ecological environment itself.The Marine Environment Protection Act,which was introduced in 1982,provides for the relief system for the damage to the marine ecological environment.China legislation specifically aimed at the compensation system for ecological and environmental damage is almost blank in 2014.The revised new Law on Environmental Protection refers to the establishment of a mechanism for the prevention of ecological damage,the establishment of the principle of liability for damage,and the expansion and extension of legislation for the disposal of damage to the ecological environment.In2015,the pilot Program for the Reform of the compensation system for Ecological and Environmental damage was issued,providing for the implementation of the pilot system for compensation for ecological and environmental damage in seven provinces,including Jilin and Guizhou.In 2017,the Program for Reform of the system for compensation for Ecological and Environmental damage was issued,with provisions.In 2018,the pilot system of compensation for ecological and environmental damage was carried out in an all-round way,and by 2020,the system of compensation for ecological and environmental damage will be initially set up throughout the country.The successive exit of the two schemes The table shows the determination of the party and state to build the system of environmental damage compensation.On the basis of summarizing the problems in the pilot,this paper further analyzes the defects in the legislation of the present system of environmental damage compensation in China,such as the non-comprehensive compensation of the right of compensation,the narrow scope of the compensation subject and the lack of effective supervision of the right of compensation.The lack of a sound appraisal mechanism,the imperfect fund management system,the connection between the various relief methods,etc.,and the corresponding improvement suggestions are put forward,that is,one is the legislation to improve the damage compensation of the ecological environment,These includethe improvement of the relevant provisions of the Environmental Protection Law and the development of special The law on compensation for ecological and environmental damage includes two aspects: perfecting the system of matching system for compensation for ecological and environmental damage,including establishing a sound system of appraisal and evaluation,and establishing a system of ensuring compensation funds.To perfect the connection between the litigation system of compensation for ecological environment damage and the public interest litigation,and to construct the non-lawsuit dispute settlement mechanism of compensation for ecological environment damage.In order to provide suggestions for the comprehensive establishment of ecological and environmental damage compensation system in China.