Research On The Ecological Environmental Damage Compensation System Of China

In order to solve the deficiency of civil tort law and environmental public interest litigation in the relief of ecological environment damage compensation,at the end of 2015,General Office of the CPC Central Committee and the State Council issued the “Pilot Program for the Reform of Ecological Environment Damage Compensation System”(hereinafter referred to as “the pilot program”)and carried out two years of exploration practice.On this basis,in 2017,the formal “Ecological Environment Damage Compensation System Reform Program”(hereinafter referred to as “the reform program”)was formulated.But the “scheme” is only a political regulation.Most of the specific systems are principled provisions.It is difficult to solve various complex problems encountered in practice,and more comprehensive procedural provisions and legal basis are needed.According to the provisions of the “scheme” and the practical exploration of each province and city in the process of implementation,the main contents of the system should include: the theoretical basis of compensation,the obligee and obligor of compensation,the way of resolving disputes,the specific scope of compensation,the management and use of compensation funds,the appraisal and evaluation of damage and the related supporting system of socialized responsibility sharing.However,there are still many shortcomings in the specific norms of these contents,and the operation mode in practice is also quitechaotic,and there is a lack of systematic legal and institutional system norms.The scope of compensation rights holders stipulated in the reform program,including only provincial and municipal government departments,has a narrow scope of subjects;although it is clear that consultation is the pre-procedure for dispute resolution,the provisions of the consultation procedure itself are not clear and complete;there is a lack of non-use value part of natural resources and inaccurate positioning of ecological service function loss in the specific scope of compensation;while the subject of fund management and the usage of compensation mainly depends on public power organs,and the participation of social fund organizations and trust agencies is too small;There are obvious technical and methodological problems in the appraisal and evaluation of damage in the supporting system,at the same time,there is a lack of effective socialized responsibility sharing mechanism.The successful examples abroad and the research and practical experience of our country can be used as the basis for the development and perfection of the system in our country.Specifically,on the basis of the theory of compensation,the rational contents of environmental rights,public trust and public goods theory should be integrated as the basis;the people's governments at the county level and procuratorial organs should be added as the right holders of compensation;the specific procedural rules of consultation should be refined and the obligation of consultation should be made mandatory;the non-use value of natural resources should be increased as one of the scope of compensation,and the quantitative way of ecological service function loss should be optimized;the foundation and trust organization should be the prime development direction in the arrangement and usage of compensation funds;The system of social insurance and compensation fund should be added to the relevant supporting system of ecological environment damage compensation system and cooperative assessment should be regarded as the main way of damage assessment and evaluation.