Research On Claim Subject Of Ecological Environment Damage Compensation In China

Since the reform and opening up,great progress has been made in China’s economic development,but at the same time,some negative effects caused by the rapid economic development have begun to appear,the first one is environmental pollution.For a long time,the extensive economic model at the cost of environment has caused serious damage to the ecological environment of our country.It is urgent to adopt the model of environmental protection and sustainable economic development.In this context,China’s environmental justice has launched a positive exploration,abandoning the old idea of punishing the person responsible for environmental pollution and compensating the victims of environmental pollution.China takes the protection of the ecological environment itself as the core,the restoration of the ecological environment as the main responsibility bearing method,and initially constructs clear responsibilities,unimpeded channels,technical specifications,and We should actively carry out the pilot work of compensation for ecological environment damage with the goal of ensuring effective compensation system for ecological environment damage.At present,people’s governments at the provincial and prefecture levels and their designated relevant departments and institutions are the clear claimants of ecological environmental damage in China.The scope of claimants is concentrated in administrative organs,which is not conducive to the development of the ecological environmental damage compensation system.Before the confirmation of legislation,we should sort out the confirmation standards of claimants of the total ecological environmental damage compensation,and study and explore the ecological environmental damage compensation The more possibility of the subject of claim is of positive significance to improve the system of compensation for ecological environment damage.This paper starts with the concept of "claim",compares and analyzes the civil legal relationship "person" and the environmental legal relationship "person environment person" mode,and finds out that "loss and compensation are not one-to-one correspondence;compensation right and claim right do not fully coincide" in the field of environmental law According to the characteristics of ecological environment damage,the essence of ecological environment damage is to infringe on the ecological environment interests of the unspecified public.The definition of claim subject in ecological environment damage compensation is the subject who has theright to claim for ecological environment damage compensation when the ecological environment damage occurs.Based on the theory of environmental rights and the theory of environmental interests,and the characteristics of the facts of the cases of ecological environment damage,the double standards of the claim subject of ecological environment damage compensation are obtained: first,the claim subject of ecological environment damage compensation should be the representative of environmental public interests.Secondly,the main body of claim for compensation for ecological environment damage should have strong professional ability.Based on this standard,this paper analyzes citizens,administrative organs,procuratorial organs and social organizations in turn,and concludes that citizens are not the subject of claim for compensation for ecological environment damage.Administrative organs,procuratorial organs and social organizations are the main body of compensation for ecological environment damage.Finally,based on the premise that the administrative organ,the procuratorial organ and the social organization are the claim subjects of the ecological environment damage compensation,this paper analyzes the sequence analysis of various claim subjects in the ecological environment damage compensation system,and concludes that the administrative organ should be the first sequence,the social organization should be the second sequence,and the procuratorial organ should be the third sequence.