A Study On The Applicable Scope Of The Compensation System For Eco-environmental Damage

"Eco-environmental damage" has been endowed with specific connotations under the system of compensation for ecological environmental damage(hereinafter referred to as "ecological compensation system").Its essential attribute is to break the connection and stability between the environmental elements,exceed the scope of self-repair of the ecological environment,lead to damage or degradation of ecosystem functions,and reflect the special requirement of "quantity" of ecological environmental damage.The change of "quality" is distinguished from other damages.The connotation of "ecological environment damage" directly determines the scope of application of ecological compensation system,but there are subtle differences in extension and stability.Ecological compensation system and environmental public interest litigation,environmental tort litigation constitute the environmental protection relief system,but there is inevitably some overlap between the systems.By comparing the scope of application between systems,it provides ideas and basis for coordination and cohesion between systems.The theory on which the ecological compensation system is based is still controversial,and the different theories on which it is based directly affect the determination of the scope of application.At present,the claim basis of the ecological compensation system mainly consists of two theories: the theory of state ownership of natural resources and the theory of government administrative functions.As the basis of the claim,the theory of government administrative functions overstates the effect of administrative supervision,and has the suspicion of covering the system of damage to the ecological environment,which greatly reduces the necessity of the existence of the system and greatly reduces the possibility of the system.As a result,it is not suitable to be the basis of the right of claim.Although the theory of state ownership of natural resources has limitations,it can be perfected by standardization.In contrast,it is more suitable to be the basis of the claim of ecological compensation system.Then,referring to the content of state ownership of natural resources,the ecological compensation system only applies to the ecological environment damage caused by the pollution and destruction of all natural resources of the state,otherwise it should be excluded.The nature of ecological compensation system has not been unified in academic circles,and there is a dispute between public law and private law.The different nature of the ecological compensation system will affect the degree of limitation when the right holder exercises his rights,and further affect the application of the ecological compensation system.To determine the nature of consultation and litigation,the two stages of ecological compensation system can determine the public law nature of ecological compensation system.Therefore,from the perspective of maintaining environmental public welfare,we should comprehensively consider the differences of resources endowment and ecological service functions in different regions,and protect different types of environmental public welfare according to the different carrying capacity and functional orientation of ecological environment.The ecological environment damage caused by the crime of pollution should also be included in the scope of adjustment,and the incidental personal and property damage should be excluded from application.The imputability of causal behavior mainly explores whether the causal behavior causing ecological environment damage will inevitably be blamed,regardless of the actor's fault,purpose,objective reasons and other factors.The application of eco-environmental damage should be based on the accountability of causal behavior,and non-responsible causal behavior should be excluded even if it meets other conditions.The relevant norms in the scope of application of the ecological compensation system,the pilot scheme for the reform of the ecological environment damage compensation system(hereinafter referred to as the "pilot scheme")and the reform scheme for the ecological environment damage compensation system(hereinafter referred to as the "reform scheme")are defined by the way of "definition + enumeration".The applicable ecological environment will be more comprehensive and applicable.Environmental damage is included.However,due to the use of scientific concepts to define ecological environment damage,there is a problem of incompleteness between the list of applicable situations.In addition,the application of excluding damage to marine ecological environment is due to other laws which provide for the avoidance of overlapping and conflict of systems.According to this logic,ecological damage to soil should also be excluded.Provinces provide a good basis for judging the implementation of the ecological compensation system by refining the scope of application,which provides a positive significance for promoting the deepening of the ecological compensation system.However,there are still some problems: first,different understanding of the damage to the ecological environment and different application situations;and the connection between the crime of pollution and the system of ecological compensation is not uniform;third,the quantitative standard deviation of agricultural land,forest land,grassland or grassland,forest trees in the damage to the ecological environment is large;fourth,the description of the applicable situation of all provinces and municipalities,behavior.Subject collective absence.Starting from the coordination of the whole system of environmental law and the practical needs of the ecological compensation system,the normative path of the scope of application of the ecological compensation system should adopt systematic legislation.The scope of application of the ecological compensation system covers the applicable situation of ecological environment damage and the exclusion of the applicable situation.The application of the ecological compensation system is typically enumerated in the way of "behavior + result",and the application of the "reform plan" formulated by the two offices is integrated with the new application of the "reform plan" formulated by the provinces and municipalities.In addition to the circumstances stipulated in the Reform Plan,the exclusion of the scope of application of the ecological compensation system should also exclude the environmental damage caused by air,soil pollution and government administrative actions.