Research On The Indemnity System For Environment Damage Compensation

In the face of frequent ecological environmental damage incidents,especially sudden and urgent ecological environmental damage incidents,the government often pays the cleaning expenses and the cost of repairing the ecological environment for cleaning up and restoring the ecological environment,while the main body who responsible for the environmental damage does not bear the responsibility of compensation for ecological environmental damage,which leads to the phenomenon of compensation for ecological environment damage that "enterprise pollution,public victimization,government paying".In order to promote the compensation responsibility of the government and enterprises for the ecological environmental damage,it is essential to establish an indemnity system for ecological environment damage.Compensation and recovery system for ecological environment damage is mainly applicable to sudden ecological environment damage events.It is a relief method for ecological environment damage afterwards and reflects the leading role of the government in restoring the environment.The United States,the European Union and South Korea,which strengthen the responsibility of government for environmental protection,clarify the responsibility of government and enterprises for environmental restoration,and establish an environmental damage fund system,which is worthy of our reference.Because the compensation and recovery system for ecological environment damage is necessary to accelerate the construction of ecological civilization,construct and perfect the system of ecological civilization system,and can timely repair the ecological damage caused by unexpected environmental events,make the government take the role of the first person responsible for environmental protection,clarify the responsibility of the government and enterprises for ecological environmental damage,and implement the polluter-pays principle.The time is ripe to construct the indemnity system for environment damage compensation.The construction of national ecological civilization provides policy support for the compensation and recovery system.The cases and procedures of marine ecological countries provide practical experience for the compensation and recovery system,while the foreign compensation and recovery system for ecological environment damage provides institutional experience for the compensation and recovery system.The concrete contents of constructing China's compensation and recovery system for ecological environment damages are as follows:first,the government is its obligatory requirement and dominant position as the recovery subject;Second,the necessary conditions for starting the ecological environment damage recovery system must include the objective situation that sudden and urgent environmental damage events have occurred,the responsible person cannot be determined for the time being or the responsible person can be determined but cannot repair the ecological environment,and the government has taken measures to remove pollution or repair the ecological environment in advance,paid the relevant expenses for ecological environment damage,the responsible person for ecological environment damage has been determined,the government has carried out necessary assessment,appraisal and evaluation procedures,and compiled the recovery plan and other necessary conditions.The third is the implementation of the recovery procedure,which is mainly for the government to investigate,identify and evaluate the ecological environment damage events,interview with the responsible person or take certain restrictive measures,determine the recovery plan,reach a compensation agreement,and finally ensure the implementation of the plan.Fourth,the system of compensation and recovery for ecological environmental damage should be linked with the environmental public welfare system,the consultation system for compensation for ecological environmental damage and the administrative agency system,and the procuratorial organs and the public should be given the right of supervision.The fifth is to establish an ecological environment damage compensation fund and an,environmental liability insurance system to disperse environmental risks of enterprises and increase the possibility of recovery.