On The Scope Of Compensation For Ecological And Environment Damage

The "Civil Code" stipulates the responsibility for ecological and environment damage in the special tort type of tort liability law,and stipulates that the infringer who caused the ecological environment damage shall bear the liability for damage compensation.The " Ecological and Environmental Damage Compensation System Reform Program " has been officially implemented after piloting,which means that the ecological environment damage compensation system of China has entered a new milestone.The "Eco-environmental damage compensation system reform plan" stipulates the eco-environmental damage compensation project,but in judicial practice we will find that the compensation items undertaken by the judge to the defendant are still different from the prescribed compensation items.To clarify the scope of compensation for ecological and environment damage is to embody the relief of the damaged ecological environment.The scope of ecological environment damage compensation is determined by reference to the scope of civil law damage compensation.However,there are certain specificities in ecological and environmental damage,and these particularities are not only related to the construction of damage theory in ecological environment damage,but also provide relieving ideas for ecological environment damage.Determining the scope of ecological and environmental damages starts from the concept of ecological and environmental damages,discusses the ecological and environmental damages compensation items,and then selects the relieving damages with the legal technical tools in the civil law,and adjusts this part of the damages,and then the scope of compensation for ecological and environmental damages is finally determined.This article is divided into five parts for discussion:The first part mainly discusses the topic selection background,research significance,research status,research methods,and innovations in the scope of ecological damage compensation.The second part stands in the framework of the full text and raises three questions throughout the text.It also discusses several key issues that are closely related to the scope of ecological and environmental damage compensation.These key issues have an important impact on the determination of the scope of compensation for ecological and environmental damage.The third part mainly discusses the theoretical basis of ecological environment damage compensation scope.Starting from the concept of damage in civil law,the concept of ecological environment damage is defined in conjunction with the particularity of ecological environment damage.Answered the question of what ecological damage caused in Chapter 2 Discuss the compensation principles and related concepts that should be applied to compensation for ecological environmental damage.The fourth part discusses the eco-environmental damage compensation project and answers the question of how to compensate the eco-environmental damage proposed in Chapter 2.Analyze the compensation items stipulated in the "Ecological Environment Damage Compensation System Reform Program" and the compensation items in judicial practice,and put forward suggestions for further improvement of the ecological and environment damage compensation items.The fifth part discusses the issue of determining the amount of compensation for ecological and environmental damage,and answers the question of how to determine the amount of compensation for ecological and environmental damage in Chapter 2.From a judicial perspective,the process of determining the scope of compensation for ecological environmental damage is theoretically discussed,and the path of the judge’s determination is combed in depth.Compared with the damage in the civil law,ecological environment damage has its particularity in the determination of the scope of compensation.These particularities affect various factors in the determination of the scope of compensation for ecological environment damage.