| The problem of ecological environment has existed since ancient times,and it has been affected by human beings for the unreasonable development and utilization of ecological disorder.Since the industrial revolution,the advancement of science and technology such as steam engines has promoted humanity to enter industrial civilization from agricultural civilization.The development of productive forces has greatly stimulated the surge in human demand for material enjoyment.At this stage,human beings firmly believe that the law of "people will win the day".The ignorance of the laws of nature is greedy and insatiable in nature.Predatory mining and free-flowing of pollutants exceed natural regeneration and self-purification capabilities.Large-scale environmental pollution has occurred,and even the "eight major public nuisance incidents" in the upper to middle of the 20 th century have caused serious seriousness to the survival of all mankind.influences.Since the reform and opening up,China's GDP level has been continuously improved,but this high-speed economic growth model is based on the sacrifice of the ecological environment.Large-scale economic development has caused varying degrees of environmental pollution and ecological damage to all parts of the country,and many of the damage caused is irreversible.General Secretary Xi Jinping fully recognized the importance of the ecological environment to the great rejuvenation of the Chinese nation,and proposed that "it is better to green mountains and green mountains than to Jinshan Yinshan",and to raise the ecological environment to the height of human civilization,emphasizing "ecological prosperity,Then civilization is booming;when it is ecologically degraded,it is the decline of civilization." The Party Central Committee and the State Council have also paid great attention to the situation of severe ecological damage,and then proposed to establish a compensation system for ecological environmental damage.The system is an effective measure to deal with the current serious environmental pollution situation.Its core lies in the repair of ecological damage rather than compensation.Compensation is only a way,we need to “let the polluter pay”,and compensation is essentially a quantitative standard for monetizing the environmental value.This has created a new problem: Who is the compensation right holder(hereinafter referred to as the compensation right holder)in the ecological environmental damage compensation system? According to the current relevant regulations,the State Council sets the provincial,prefecture-level government as the compensation right holder,and can first negotiate with the indemnity obligor to determine the amount of compensation,and the negotiation fails to reach an agreement to raise the ecological environmental damage compensation lawsuit..What is the basis for setting the government's claim for compensation rights holders? Most scholars interpret the basis of government claims as “natural resource ownership”,but this interpretation is somewhat debatable.Based on the exclusiveness of “ownership of natural resources”,the government is easily trapped in the dilemma of becoming the sole indemnity holder,which leads to a series of problems such as insufficient legitimacy,ambiguous division of functions,prone to “inaction” and lack of responsibility for its own responsibility..Therefore,it may be possible to reconstruct the basis of the claim of the government compensation right holder as a public trust,and to explore the path of solving the problem that the government already exists or may occur,and then consider constructing the provincial,prefecture-level government as the first The indemnity of the right holder,the procuratorate as the second indemnity holder,the environmental protection organization and the individual citizen as the third to compensate the right holder of the ecological environmental damage compensation right holder system,in order to achieve the ultimate goal of repairing the damaged ecological environment. |
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