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

Establishing the compensation system for ecological environment damage can not only fill the gaps in legislation,but also improve the legal system of environmental resources in China.At the same time,it is also the practical need to implement the scientific development concept of our country and improve the construction of ecological civilization system,realize the responsibility for damage and make the damaged ecological environment repaired in time and effectively.However,compensation for ecological environment damage is necessary.Compensation system is a new system that has not yet been clearly defined in the existing legal system of our country,and the specific content related to the system is not clear and clear enough,so further research is needed.In view of the "Reform Program of the Compensation System for Eco-environmental Damage"(hereinafter referred to as "Reform Program"),which was introduced nationwide,as a guiding document of the compensation system for eco-environmental damage,it points out the design direction for the future construction of the compensation system for eco-environmental damage in China.Therefore,it is necessary to study the compensation system for eco-environmental damage with the Reform Program as a starting point.Therefore,from the perspective of the Reform Program,this paper analyses the problems existing in the current compensation system for ecological environmental damage in China,and explores the problems under the current legal system by using the existing legal rules.Because the reform plan of our country involves many contents,this paper aims at discussing the outstanding problems existing in the current compensation system for ecological environment damage in our country.At present,there are six aspects in the legal system of compensation for ecological environment damage in our country,which need tobe improved urgently,such as the subject of rights and obligations,the principle of imputation,the scope of compensation,the consultation mechanism,the connection mechanism between compensation for ecological environment damage and environmental civil public interest litigation,and the system of public participation.In this regard,the author,within the framework of the current legal system in China,combines the legislative provisions that can be used for reference by foreign countries,and simultaneously pays attention to the new provisions on compensation for ecological environmental damage issued in China.For example,during the defense period,the Supreme Court issued the judicial interpretation and typical cases of compensation for ecological environmental damage lawsuit on June 5,2019,put forward the construction of establishing a pluralistic subject of responsibility,clarifying the principle of attribution,specifying the scope of compensation,elaborating the consultation mechanism,establishing the linking mechanism between the ecological environment damage compensation system and the environmental civil public interest litigation,and strengthening the public participation system.It is hoped that it can provide meager strength for perfecting the legal system of compensation for ecological environment damage.