Construction Of Legal System Of Compensation Fund For Ecological And Environmental Damage

While pursuing their own development,human society pays little attention to the damage they have done to the ecological environment.As a result,the problems of environmental pollution and ecological damage are getting worse.And damage to ecological environment once,require huge money to repair the damage of ecological environment,on the one hand,and the power of the individual responsible for insufficient funds,it shall bear the liability for damages when they get into trouble,on the other hand,the ecological environment damage is not instantaneous,it usually has a cumulative process,boast skillful and many characteristics,such as the main responsibility will be not clear at this time the situation;In addition,in the compensation for ecological and environmental damage,there may also be the exemption of the liability of the responsible person.Considering the occurrence of the above situations,traditional relief methods cannot be blindly adopted in the relief of ecological and environmental damage.Therefore,the socialized relief mechanism--ecological and environmental damage compensation fund system is introduced.Firstly,it introduces the compensation for ecological environmental damage,the compensation fund for ecological environmental damage and the legal nature of the fund,and makes it clear that the fund has the nature of compensation.Then analysis and the feasibility and the necessity of establishing the fund necessity from the limitations of the traditional relief way and the huge ecological environmental damage compensation is difficult to realize two aspects,demonstrates the feasibility from two aspects,respectively is: the new "environmental protection law" to establish a fund system provides an opportunity to the development of environmental civil liability socialization as the theoretical basis is provided for the establishment of the fund system;On this basis,through the development experience of other countries for reference,our country’s ecological environmental damage compensation fund should choose the establishment of public law foundation model,through funding,social donations,the ecological environment of the obligor to compensation shall pay compensation for damage,the civil environmental public interest litigation in thecourt of the ecological environment compensation for damage and environmental criminal penalties and administrative penalty,such as ways to raise funds by ecological environment should be entrusted to manage the ecological environment of China environment protection foundation damage compensation fund,and carries on the external and internal supervision.The fund makes up for the deficiency of the traditional remedy in the scope of compensation,which not only relieves the damaged ecological environment,but also makes the person who is responsible for the infringement free from the excessive burden of bearing the huge ecological environment damage compensation liability.The establishment of the legal system of compensation fund for ecological environmental damage conforms to the requirements of establishing ecological civilization system in China.