| Pure ecological environmental damage is a new type of damage which the Tort Law is now quite limited in remedying.So,<Plan for the Reform of the Ecological Environmental Damage Compensation System>and<The supreme people's court about natural Marine resources and ecological environmental damage compensation disputes on several issues>were enacted in succession in recent years,according to which the compensation for pure ecological environmental damage is guided by the principle of complete compensation.In academia,quite a few scholars are in favor of the principle as well,claiming all losses should be compensated.However,after close scrutiny,we can find that proper restrictions and adjustment to the principle of complete compensation will be more beneficial to remedy marine ecological environmental damage and restore the environment timely.First of all,by analyzing the legal situation and juridical practice about the compensation range of marine ecological environmental damage,we can conclude that simply list all the items that should be compensated in theory without specifically analyzing each item,highlighting the key items and reasonably limiting dubious items based on the fundamental goal of recovering the environment,the damaged marine ecological environment will not get restored in time.Next,make clear that the concept of marine ecological environment damage in China refers to pure environmental damage and the determination of this kind of damage should be specific enough and can be evaluated possibly.Then,by comparing the differences between the compensation liability for marine ecological environmental damage and tort liability,we can see that the former liability is special and limited.So,lastly,the compensation for restoration costs should be given priority,while the compensation for dubious losses during the recovery of environment should be limited in a reasonable scale.Also,there are some suggestions for the perfection of the range of compensation. |
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