Functional Synergetic Study On Compensation For Ecological Environment Damage And Environmental Administrative Penalty

While China's economy continues growing at a high speed,ecological and environmental problems are becoming increasingly prominent.In China,lots of ecological environmental damage has been remedied by administrative means,embodied in an administrative organ by environmental administrative punishment means to punish offenders deterrence,but punishment after environment function cannot recover miserably,ecological environment is destroyed the pieces should be pay by the government,often appear the atmosphere,water,soil,such as the public resources can't get away from fall into the predicament of the "tragedy of the Commons",the ecological environment itself can't be timely and effective repair and governance.In order to meet the urgent needs of ecological civilization construction,the reform plan of ecological environmental damage compensation system(hereinafter referred to as the "reform plan")came into being.From the partial pilot program of the pilot program two years ago to the national implementation of the reform program,the relief of ecological and environmental damage has drawn much attention from all sectors of society.Scheme has been clear about the ecological environment compensation rights for provinces,city,two levels of government,at this point,the administrative organ in the performance of its environmental management and protection,the environment administration not only has the right to implement administrative punishment,also can be used as holder of the compensation and those responsible for consultation or ecological environment compensation litigation as a supplementary means to ecological environmental damage relief.Based on different means for the same ultimate goal of ecological environmental damage relief,the dual role of the administrative organ in the compensation for ecological environmental damage and environmental administrative punishment doomed the two systems to have a certain relationship.Therefore,in the analysis of the functional advantages and limitations of the two relief modes,this paper explores the feasibility of the synergistic integration of the two relief modes,and tries to find a path suitable for the synergistic development of the two modes,so as to better realize the repair and treatment of the ecological environment damage consequences.The first part of this paper will sort out the ecological environmental damage compensation system and environmental administrative punishment system from the perspective of legal and policy provisions,and briefly describe the current implementation status of the two systems under the current legal and policy provisions.The second part analyzes the functional advantages and limitations of the two modes of relief from the theoretical perspective.It is the focus of ecological environmental damage relief to make it clear that the relief for ecological environmental damage is not only to punish and correct the illegal behaviors of polluters,but also to repair and control the damaged ecological environmental consequences themselves.The third part based on the second part,analyzes the feasibility of the two modes of collaborative development.Both of them are the relief methods for ecological environmental damage,and their purposes and functions overlap to a certain extent.The optimization and application of their functions can realize the coordinated development of functions and better relieve the damaged ecological environment.At the same time,administrative organs have the obligation of national environmental protection and the responsibility of safeguarding social and public interests,so it is feasible for administrative organs to be the compensation right holders,which also provides the possibility for the coordinated development of the two.Finally demonstrated by choosing what path to realize the coordinated development of both,including a sound system of two on the entity,in terms of program administrative penalties and damages the ecological and environmental coordination and cohesion.