Study On The System Of Compensation For Ecological Environment Damage

In recent years,people have gradually noticed that the destruction of the ecological environment will often cause two kinds of damage,one is the damage to the personal and property of the specific subject,and the other is the damage to the ecological environment itself.The related subjects of the former can be compensated for their damages according to the tort liability law,while the latter lack effective remedies.China's environmental civil public interest litigation is to a certain extent to compensate for the second type of damage,but due to the complexity of environmental damage cases and the limitations of its prosecution ability,it has promoted the introduction of the ecological environmental damage compensation system,which is represented by the government The administrative agency as a plaintiff filed a lawsuit to protect the ecological value of the environment.This article starts with four classic ecological and environmental damage compensation cases,focusing on the three major issues that need to be solved in China's ecological and environmental damage compensation system,namely the concept of ecological and environmental damage,the legal positioning of ecological and environmental damage compensation liability,and the ecological and environmental damage compensation system The problem of convergence with related systems and the imperfection of the negotiation norms of the compensation system for ecological and environmental damage.Starting from these three problems,on the basis of analyzing the relevant foreign systems,based on the relevant actual situation in China,we put forward targeted solutions or perfect suggestions.Clearly point out the legal concept of ecological and environmental damage,and clarify that the legal nature of ecological and environmental damage compensation liability is an independent environmental responsibility in addition to traditional administrative liability and civil liability;establish the priority status of the administrative agency 's ecological and environmental damage compensation system;The auxiliary status of the system and the role of the procuratorate in environmental civil public interest litigation have led to the formation of a division of labor and cooperation between the related systems tosave social resources and increase efficiency;the nature of the consultation on compensation for ecological environmental damage is “Consultative Administration“under the new administration theory,and on this basis,we design the basic rules of consultation norms and the relief methods of consultation agreements.