The Study On The Subjects Of State Claim For Marine Ecological Environment Damage Of China

In recent years,marine activities like shipping,tourism and resource development are getting more and more prosperous with the deeper involvement to the economic globalization of China,which make national economy grows fast,people's life quality gets better,and open up wider room for the development of the human civilization.But the plenty of marine ecological environment damages with it not only causes a lot of economic loss,but also makes long-term and systemic damage to marine ecological environment.Marine ecological environment is precious public property belong to people.State should claim for compensation of the damage of the marine ecological environment as a state to defend people's interest.At present,China has established the basic system that several subjects of state claim is responsible for national claims in different fields separately according to Marine Environmental Protection Act,Code of Civil Procedure and others.As complement,the public interest litigation of marine environment sued by procuratorate also essentially plays the role of the state claim.In the long-term practice process,current scattered subjects did a lot,but some problems like blur of duties,low efficiency and absence of profession exposed at the same time,which influence the whole effect of the work of compensation of China.So,taking the opportunity of the revolution of the institutional reform,to take all levels new-established ecology and environment administrative departments and nature resource administrative departments as the core to properly integrate the subjects of state claim for marine ecological environment damages is urgent priority nowThe main body of this article is divided by four parts,except the introduction and the conclusion.Part one is the definition of basic concepts.It defines some basic concepts like marine ecological environment damages,state claim for marine ecological environment damages,subjects of state claim for marine ecological environment damages,which lay the foundation for the discussion of the subjects of state claim for marine ecological environment damages in the following parts.Part two is the introduction of the situation and the analysis of the problems of the current state claim for marine ecological environment damages,which introduces the legal basis,institutional setting,division of authority and cases of the state claim of China.Part three is the study on comparative law,which focus on introducing the theories and systems of the subjects of state claim of the U.S.and Taiwan,China.Cases are introduced,too.Part four is specifie suggestion to the revolution and improving of the subjects of state claim for marine ecological environment damages of China,which based on the analysis of the problem of China and the learning of the experience of the others.First,clear that ecology and environment administrative above city level,nature resource administrative departments above city level should be the unified subjects,and clear the duty limit between the subjects in different levels.Second,build the unified system of state claim.Third,reform and adjust the duty and legal status of the procuratorate.Last,reform relevant laws and regulations,to supply powerful legal support for the reform of the subjects of state claim.Based on the above study and analysis,this article proposes the specific program to unify the subjects of state claim for marine ecological environment damages,and build the unified system of state claim,which advocate to claim different types of damages uniformly to save administrative and judicial resource,improve efficiency of the state claim,promote state claim protect the national and people's interest better,and protect marine environment powerfully.