Research On The Legislation Of Compensation System For Ecological Environment Damage In China

Since the reform and opening up,China's social economy has made great strides,but it has also been accompanied by ecological and environmental problems.The selfregulating mechanism of the ecological environment has continued to shrink,and the environmental pollution is serious and cannot be fundamentally contained.In this regard,although our legislation continues Perfect,but there is still a certain lag.In 2014,China re-amended the new "Environmental Protection Law".In the new environmental protection law,it was proposed to establish an ecological damage prevention mechanism,and to a certain extent,the principle of liability for ecological environmental damage was established.Has a new starting point in terms of legislation.Immediately after the introduction of the "Eco-environmental Damage Compensation System Reform Pilot Program",in 2017,China officially promulgated the "EcoEnvironmental Damage Compensation System Reform Program" and the "Supreme People's Court Provisions on the Trial of Ecological Environmental Damage Compensation Cases(Trial)" In the form of normative documents,it provides relief basis for the ecological environment damage compensation system.As an important basis for the eco-environmental damage compensation system,"Several Provisions of the Supreme People's Court on the Trial of Eco-environmental Damage Compensation Cases(Trial)",whether in the legal rank or in the coverage of the content,face the intricacies and various The eco-environmental damages litigation with no system in place,its ability to solve problems is really stretched.At present,China's current ecoenvironmental damage compensation system has certain shortcomings in legislation,such as principled and decentralized legislation,poor operability,one-size-fits-all liability principle,unreasonable determination of damage compensation scope,and lack of follow-up supervision and management of damage compensation.For these issues,establish a special legislative model,clarify the legislative nature of both public and private law,clarify the dualization of the legislative liability principle,clarify the scope of ecological environmental damage compensation,improve the ecological environmental damage compensation litigation rules,and establish guarantees for ecological environmental damage compensation litigation The mechanism is a good solution.