Study On The Subject System Of Ecological Damage Claim

With the construction and improvement of environmental public interest litigation and ecological environment compensation system,the scope of ecological damage relief subjects has shown a diversified trend.Administrative agencies,procuratorial organs,and environmental protection organizations have played an important role in ecological protection work as the main body of ecological damage claims.Practice has proved that the construction and improvement of the ecological damage claim system has indeed achieved great results.However,with the further development of environmental justice work,related issues have gradually emerged.The author believes that in order to improve the efficiency of judicial resources and give full play to the role of various subjects in environmental justice,it is imperative to construct a sound system of ecological damage claims and form a systematic ecological damage judicial relief system.This paper uses empirical analysis and comparative analysis to analyze the relationship between claim body and claim system,and explores the scope of claims,pre-litigation procedures,and prosecution order,and based on the examination of legislative norms,judicial practice and extraterritorial experience.Suggestions were made on the construction of the main system of ecological damage claim and the improvement of legislation.In addition to the introduction and conclusion,the text is divided into the following three parts:The first part determines the relevant concepts of the main body of the ecological damage claim.Through the comparative analysis of the concepts of ecological damage and environmental damage,the author defines the connotation and extension of “ecological damage”,emphasizes the public welfare attribute of ecological damage,and selects “ecological damage” as the core term to make it infringe with traditional environment.The distinction between personal injury and property damage lays the foundation for the construction of the main body of the ecological damage claim.Secondly,it introduces the evolution of the ecological damage claim system,discusses the types and characteristics of the claim entity,and on the basis of examining the overall situation of the claim entity system,rethinking the necessity and key points of the construction and improvement of the claim entity system.The second part discusses the realistic basis and main defects of the claim entity system.Focus on the laws and regulations,administrative regulations and normative documents of ecological damage claims,and determine the relationship between the current ecological damage claim subjects.At the same time,it analyzes the proportion of the main types of ecological damage in judicial practice,the types of procedures,and summarizes the characteristics of the current state of ecological damage practice.Finally,based on the discussion of the legal and practical situation of the ecological damage claim system,starting from the aspects of prosecution order and procedural requirements,the defects of the main body of the ecological damage claim system are summarized.The third part puts forward targeted suggestions on the problems existing in the claim entity system proposed in the previous section.This paper studies the issues such as the establishment of the ecological damage claim,the pre-litigation procedure,and the subject positioning.Based on the experience of the mature system outside the domain,the relevant suggestions are put forward.First of all,it is necessary to determine the functional orientation of each claimant: the administrative agency should take administrative correction as the core and the ecological damage claim as supplement;the procuratorial organ should mainly use criminal incidental civil public interest litigation,and urge the administrative organ to perform its duties in the form of administrative public interest litigation;The organization mainly focuses on civil public interest litigation,and through the law,confirms the right to supervise and participate,and directly requests the administrative organ to make an ecological damage claim,or makes a request to the procuratorate to indirectly urge the administrative organ to carry out environmental protection and ecological restoration.Secondly,it should be based on the dual orientation of “behavior” and “results” to confirm the adoption criteria of the “non-action” certification standards and procuratorial recommendations.Finally,it is necessary to clarify the prosecution order of the claimant,construct a three-in-one ecological claim main body framework of “the administrative authority is the leader,the procuratorial organ to supervise,and the environmental protection organization as a supplement”,and refine the specific rules and do a good job of system connection.