Research On The Government Claims For Ecological And Environmental Damage

The unique features of latency,complexity,and constancy of ecological and environmental damage determine that the government has unparalleled advantages in the relief of ecological environment damage.However,constrained by the absence of the legal system of compensation for ecological and environmental damage,the dilemma,in which the government bears responsibility for the pollution which is caused by enterprises but has made the masses suffer a lot,has existed for a long time.The Reform Plan for the Ecological and Environmental Damage Compensation System issued in 2017 endows the governments at the provincial,municipal and prefectural levels with the right to claim for the ecological and environmental damage through the path of judicial safeguard after negotiation.The claim right of the government for ecological environment damage is the right of the government,a specific subject,to claim for relief against the damage of the ecological environment itself through consultation and litigation;and it is reasonable to identify the legal nature of the government's right to claim for ecological and environmental damage as the nature of consultative administration to complete the goal of public law through the form of private law;At the same time,the theory of state ownership of natural resources,as the source of government's right of claim,is very likely to fall into the confusion between natural resources and ecological environment,The theory of environmental public trust and the theory of environmental right can make up for the limitations of the traditional environmental relief system,and provide a new source of rights and theoretical traceability for the government's right of claim.This paper constructs a new progressive and complementary relief system of ecological and environmental damage,which gives priority to the power of environmental administrative penalty,gives full play to the supplementary role of the government's right of claim when the environmental administrative punishment is ineffective or not available,and takes the public interest litigation right of environmental protection organizations as a supportive means,in the face of the practical dilemma that the the role transformation between the government inenvironmental administrative law enforcement,ecological environmental damage claims and the connection between government claims right and the public interest litigation right of environmental protection organizations.The above-mentioned path can not only avoid the overlapping of the functions of the government's right of claim and the power of environmental administrative penalty,but also avoid its institutional conflicts with the public interest litigation right of environmental protection organizations,which will be conducive to economizing administrative and judicial resources.The following measures can be taken to solve the dilemma faced by the government's claim right of ecological environmental damage:First,we should establish and improve the system of administrative accountability and responsibility list to crack down on the government's selective claim,abuse of claim right,interest transmission and other behaviors in the claim of ecological environment damage;Second,the county-level government should be included in the claim subject and the government at all levels should make overall arrangement for the claim work,the ecological environmental protection departments at all levels should implement specifically,and other resource management departments should assist;Third,we should adopt a comprehensive ecological and environmental insurance system that combines compulsory environmental liability insurance with arbitrary environmental liability insurance,as well as combine with accident occurrence system and claim occurrence system to build the relief methods of diversified ecological environment damage.