Research On Government Claims Litigation System Of Ecological Environment Damage

In recent years,the ecological environment damage has gradually emerged along with the rapid development of China’s economy and society,and the problems have become increasingly prominent,which has gradually aroused people’s general concern and pursuit of the quality of the living environment.Nowadays,in the era of China’s pursuit of high-quality economic growth,economic transformation,and vigorously promoting the construction of ecological civilization,it is imperative to improve the compensation mechanism for ecological damages and establish a government claims litigation system for ecological environmental damage.The government is responsible for the environmental protection responsibility of the state in accordance with the law,and the civilized litigation for environmental damage compensation for the authorized owner by the authorized government is an innovative breakthrough in the bottleneck of the government’s administrative management model,which is conducive to cracking “enterprise pollution,mass victimization,government paying for the bill”.The dilemma has enabled the government’s environmental protection responsibilities to be better implemented.At the same time,because the litigation itself has the advantages of normativeness,procedurality,and compulsory strength,it is more end-to-end than the arbitration and consultation mechanism.Therefore,the application of the environmental damage lawsuit system is more conducive to the timely restoration of ecological environment pollution and damage.Implement the principle of “environmental protection,damage and responsibility”.In 2015,the “Pilot Program for Reform of Ecological Environmental Damage Compensation System” issued a regulation on the government compensation litigation system for ecological environmental damage.In 2016,the 27 th meeting of the Central Comprehensive Deepening Reform Leading Group officially passed 7pilot projects including Jilin and Jiangsu.The provincial(city)pilot program,the environmental damage damage government claims litigation system began to be implemented in these seven provinces and cities.Later,with the release of the “Eco-Environmental Damage Compensation System Reform Program”,the system was piloted nationwide on January 1,2018.For the system of government claims litigation for ecological damage,this paper starts with understanding the related concepts of the system,analyzes the particularity of the system,clarifies the "enterprise pollution,government pays" dilemma faced by the Chinese government,and analyzes the limitations of environmental supervision rights.Sexuality and the inadequacy of environmental protection organizations and people’s procuratorates as the main body of prosecution to bring compensation for ecological environmental damages,clarifying the legitimacy of government environmental protection duties and the main advantages of government in claims litigation,demonstrating the necessity and feasibility of the existence of the system The legal system for the government’s claim litigation for ecological damage has laid a theoretical foundation for the construction and operation of China.Secondly,it analyzes the current situation of the government claims litigation system for ecological environmental damage.First,the regulation and implementation of the carding system in China,pointing out the predicament of the system operation.China’s current regulations on the government claims litigation system for ecological environmental damage are limited to the policy level.Although the reform program has promoted the implementation of the system in seven pilots and even the whole country,it still cannot avoid the operational confusion caused by the lack of legal basis.obstacle.Combined with the experience of previous pilot projects in various provinces and cities,various localities have formulated corresponding policy measures to explore the government claims litigation for ecological damage,but most of them are “translation” of the national pilot program.It can also be seen from specific cases that provinces and municipalities actively promote the practice of the government’s claim litigation system for ecological environmental damage,but there are many unclear aspects in the implementation,such as unclear litigation procedures,improper connection with other procedures,and lack of identification of ecological environmental damage.Evaluation mechanism,lack of public participation and supervision mechanisms.Secondly,it analyzes the mature regulations and experiences of representative countries outside the region,so as to provide useful reference for the improvement of the government’s claim litigation system for ecological environmental damage.Finally,based on the above analysis,this paper puts forward some suggestions for perfecting China’s ecological environmental government claims litigation system.First,formulate relevant judicial interpretations,break the predicament of the lack of legal basis of the system,and clarify the legitimacy of the government’s environmental litigation rights.Secondly,considering the litigation rules of the government’s claim litigation system for ecological environmental damage,due to the special nature of the government’s claim litigation due to ecological environment damage,the statute of limitations should be clarified,the evidence,the pre-litigation evidence preservation and the first execution rules should be improved,and the litigation jurisdiction should be improved.Rules,explore diversified ways of responsibility,in order to provide effective assistance for the smooth implementation of the system,to maximize the protection of ecological damage to obtain effective relief.Third,improve the rules of convergence with various environmental administrative systems and clarify the rules of convergence with the environmental public interest litigation system,and divide the boundaries between the government,social organizations,and people’s procuratorates to bring relief measures for ecological environmental damage,so as to facilitate the smooth development of several types of litigation.get on.Fourth,consider the infrastructure construction of the government’s claim litigation system for ecological damage,improve the assessment and assessment mechanism for ecological damage,and public participation and supervision mechanisms.Finally,regarding the issue of post-suit enforcement,it is recommended to establish a management mechanism for the use of compensation for ecological environmental damages and a social responsibility sharing mechanism to ensure the rational and effective use of compensation funds and the timely and effective implementation of environmental restoration work.