Procedural Structure Of Litigation For Ecological Environment Damage Compensation

In 2017,the State Council promulgated the "Eco-Environmental Damage Compensation System Reform Program",formally promoting the ecological environment damage compensation system nationwide to promote ecological civilization.The eco-environmental damage compensation system is a system in which the administrative agency acts as the plaintiff and pursues the civil liability of the subject who damages the eco-environment through civil litigation.Under the current policy framework,the logic of the ecological environmental damage compensation lawsuit is the infringement lawsuit after the natural resource ownership is damaged.The State Council authorizes provincial and municipal prefecture-level governments to be the owners of compensation for ecological and environmental damage within their administrative area.Provincial and municipal prefecture-level governments and their designated departments or agencies have the qualifications of the plaintiff.Consultation is a pre-procedure for ecological and environmental damage compensation litigation,which has both private and public law attributes.In the connection between ecological and environmental damage compensation litigation and environmental civil public interest litigation,ecological and environmental damage compensation litigation has priority over environmental civil public interest litigation.The subject matter of the ecological environmental damage compensation lawsuit is different from the general civil lawsuit.The subject matter of the lawsuit is the dispute between the right holder,the compensation right holder and the obligor for compensation due to the ecological environment damage and requires the court to try and make Referee's object.The purpose of the eco-environmental damage compensation system is to protect the public interest of the environment,and its litigation requests often have to be more flexible in consideration of the tort bearer 's ability to bear,and try to avoid the situation where the winner is not fulfilled.When the court hears ecological and environmental damage compensation lawsuits,the legal principles of non-litigation procedures are usually partly introduced.Judges have greater discretion,which is reflected in the limitation of the parties 'disposition power and the enhancement of the judges'interpretation power.The judges can investigate the facts according to their powers And collect evidence,the court can decide a variety of ways of taking responsibility in terms of entity processing,such as partial performance,payment in installments,off-site repair,etc.National ownership is the empirical basis for the lawsuit of compensation for ecological and environmental damages,but the national environmental protection obligation in the Constitution is the theoretical basis for administrative agencies to file lawsuits for compensation of ecological and environmental damages.The eco-environmental damages litigation should get rid of the situation based on policy documents,be legalized as soon as possible,and be further improved in terms of the scope of the case,the burden of proof,and the form of substantial legal liability.