Research On The Right-holder System Of Compensation For Eco-environmental Damage In China

In August 2017,the 38 th meeting of the Leading Group of the Central Committee on Comprehensive Deepening Reform considered and adopted the Reform Plan of the Compensation System for Eco-environmental Damage,and the compensation system for eco-environmental damage in China was initially established.At present,the relevant laws of our country do not clearly stipulate the damage to the ecological environment,nor do they stipulate the compensation of the obligee.Only in the scheme,the State Council authorizes the provincial and municipal governments to be the compensation obligee.However,the scheme gives provincial and municipal governments the right to sue for compensation for ecological environment damage in the form of authorization.There are some problems in the obligee's right to sue,the scope,the ambiguity of the subject scope of environmental public interest litigation and the order of suing.Because of these problems,there are many obstacles to promote the compensation system for ecological environmental damage in practice.Perfecting the right holder system of compensation for ecological environment damage is the primary task of compensation for ecological environment damage.This paper mainly uses normative analysis and comprehensive analysis methods to analyze,evaluate and summarize the relevant theories of the right holder of compensation for ecological environment damage in China,to analyze the system of the right holder of compensation for ecological environment damage and to draw its own conclusions;through comparative analysis method,to study the provisions of the right holder of compensation for ecological environment damage in foreign countries,and to summarize experience for reference.The main contents include five parts: In the first part,the background and significance of the thesis are summarized,and the research status of the right holder of compensation for ecological environment damage at home and abroad is investigated.The second part defines and analyses the connotation and characteristics of the system of the right holder of compensation for ecological environment damage,and distinguishes the relevant subjects.In the third part,the author analyses the relevant legal provisions and existing problems about the system of the right holder of compensation for ecological environmental damage in China,points out that the right holder has insufficient basis for litigation,violates the principle of legal reservation in China,and has problems with the definition of the main body of public interest litigation and the sequence of litigation.The narrow scope of the right holder leads to the inefficiency of claims by provincial and municipal governments.The fourth part introduces the system of compensatory rights holders in the United States,Russia and the European Union,and concludes that China should formulate supporting laws and regulations,establish diversified rights holders for ecological environmental damage compensation,and expand the scope of compensatory rights holders.The fifth part,in view of the problems existing in the system of the right holder of compensation for ecological environmental damage in China,puts forward its own suggestions.In terms of the basis of litigation right,the right holder should be included in the existing legal provisions and relevant laws and regulations should be formulated;in terms of the scope of the right holder,the county-level government and collective economic organizations should be granted the right to claim,and the citizens should have the right to claim conditionally;in terms of the definition of the scope of the subject of environmental public interest litigation and the order of prosecution,the administrative subjects such as provincial and municipal governments should be included in the law and belong to the People' The organs stipulated in the Matters Procedure Law that can institute environmental public interest litigation are put forward,and the viewpoint of setting parallel prosecution order is put forward.When both parties simultaneously initiate environmental public interest litigation and ecological environmental damage compensation litigation,the court can hear them together.When one party brings a lawsuit,if the claim is satisfied,the other party will no longer bring a lawsuit.If the claim is not satisfied,the other party will bring another lawsuit according to its own right of claim.