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On The Perfection Of Compensation System For Ecological Environment Damage

Posted on:2021-05-09Degree:MasterType:Thesis
Country:ChinaCandidate:T LiFull Text:PDF
GTID:2381330629988830Subject:Law
Abstract/Summary:PDF Full Text Request
The significance of ecological environment damage repair and management to ecological civilization construction is self-evident.With the development of ecological and environmental problems in today's society,with the rapid development of national economy,the improvement of environmental quality has been paid more and more attention.In August 2017,the reform plan of the compensation system for ecological and environmental damage was adopted,which opened the curtain for the comprehensive reform of the compensation system for ecological and environmental damage.In June 2019,the supreme people's court issued several provisions on hearing cases of compensation for ecological and environmental damage(trial),which affirmed the existing judicial practice and academic research results.Because of this reform,the theoretical and practical circles have reached a new level of attention to the restoration of damaged ecological environment.At present,there are still some legal difficulties in the compensation system of ecological environment in China.For example,it restricts the realization of the goal of the compensation system of ecological environment in the aspects of normative basis,liability identification and restoration implementation.How to perfect the compensation system of ecological environment damage and make it connected with related systems is related to the function of the system and the effect of ecological environment protection,which is worth studying.This article mainly introduced in 2019 "the several provisions on the ecological environment damage compensation cases(try out)" as the object,studies the theoretical basis for ecological compensation system,start from the running status of ecological environment compensation system,fully realize the judicial explanation system,discussed the existing problems,such as the main body scope,imputation principle and cohabitancy regulations,cohesive mechanism and compensation management,etc,on the basis of in-depth analysis of the reason,finally aimed at these questions,Some Suggestions are put forward,such as expanding the scope of the subject of liability,clarifying the principle of imputation,clarifying the provisions of interpretation,improving the cohesive mechanism and standardizing the management of compensation.The construction of ecological and environmental damage compensation system is a systematic project,which needs to be promoted in accordance with the law and continuously explored and innovated.This paper focuses on the main contents of the judicial interpretation,and analyzes the relevant contents of the compensation system for ecological environment damage,so as to benefit the theory and practice.
Keywords/Search Tags:Ecological environment damage compensation system, Certain pr ovisions, Cohesive devices
PDF Full Text Request
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