Analysis On The Legal Liability Of Compensation For Ecological Environment Damage In China

Ecological environment is the basis of human survival.In the past,we only focused on economic value,but ignored the ecological value,resulting in more and more serious damage to the ecological environment Since 2015,the general office of the CPC Central Committee,the general office of the State Council and the Supreme People's court have promulgated and implemented a series of documents related to the compensation system for ecological environment damage,which has become a new way to remedy ecological environment damage.Generally speaking,it has achieved certain results.However,due to the fact that it is still in the exploration stage,there are some new problems in judicial.Firstly,this paper defines the legal liability of ecological environmental damage compensation from the concept,characteristics and attributes,and proves the legal liability of ecological environmental damage compensation from the theoretical basis and scope of application.Then from the typical cases,it analyzes the current situation of the conflict of subject positioning,the confusion of the principle of liability fixation,the ambiguity of constitutive elements,the difficulty of responsibility bearing,the lack of connection mechanism,as well as the limitations of the development of the claim subject's willingness to sue,the difficulty of damage fact identification,the low efficiency of ecological environment restoration and the limitation of the development space of public interest litigation,Then,it draws lessons from the legal liability system of the United States,the European Union and Russia,and summarizes the experience in the aspects of the diversification of the right holders,the scientific assessment of the damage facts,and the socialization of the responsibility of the damage compensation.On this basis,from the claim subject and liability subject,the principle of liability fixation,the elements of liability,supporting system,the connection with other environmental tort liability recognition mechanism,the realization mode of liability,this paper puts forward suggestions to improve the theory of legal liability for ecological environmental damage compensation in China.In the specific interpretation of this paper,it involves the theoretical disputes on the basis of the subject's claim right,the scope of compensation,the illegality of the act,the preventive responsibility,the restorative justice,the connection with the civil code and the environmental public interest litigation.It uses the logical structure corresponding to the problems and the improvement measures,so as to make the legal liability system for the ecological environment damage compensation in China Research and deepen the reform of ecological civilization system to provide theoretical support.