Study On The Litigation System Of Compensation For Eco-environmental Damage Initiated By The Government

Under the background of ecological civilization construction,environmental problems have risen to the strategic height of national governance.In order to improve the environmental problems,in addition to controlling at the source,we need to improve the dispute resolution mechanism after causing damage and pollution,so as to strengthen the protection of public environmental rights and interests.In 2017,the reform plan of compensation system for ecological environment damage was issued,and the government was granted the right to claim for environmental damage from the top-level design level.So far,the government not only has the right to use administrative law enforcement power to punish the parties involved in environmental damage,but also adds a new right,which is to sue for damages to the people who damage the ecological environment as the plaintiff.There are still controversies in theory and practice about the legitimacy of the right of the government to bring the lawsuit of compensation for ecological environment damage."Legitimacy" is a political concept,which has the legal nature at the same time.According to Weber’s point of view,the acquisition of legitimacy theory comes from two aspects: the source of power and the way of operation.This paper discusses the legitimacy of the government’s right to sue for compensation for ecological environment damage from three dimensions: theoretical legitimacy,historical legitimacy and realistic legitimacy.The legitimacy of the right source is the theoretical basis for discussing the right of the government to sue,which is the premise for the government to bring a lawsuit of compensation for ecological environment damage.There are different understandings about this problem in the theoretical circle,mainly including the theory of national ownership of natural resources,the theory of public trust and the theory of national environmental protection.The theory of national environmental protection obligation,as the theoretical basis of the right of the government to bring the lawsuit of ecological environmental damage compensation,is more persuasive than the other two theories.The theory summarizes the right boundary and the duty of the government in the administrative power,and explains that it is the duty of the government to participate in the judicial way to perform the environmental protection.Historical legitimacy is also known as social historicity or social restriction.The historical justification of the government’s ecological environment damage compensation litigation is based on the historical practice and system development of the litigation system,and the historical development context of the government’s ecological environment damage compensation litigation is combed.Then it lists the practice of the current government’s ecological function by bringing a lawsuit against the government under the current ecological civilization system.Finally,the modernization of environmental governance,as an important development concept of our country,regulates the dominant position of the government in environmental protection,and the government brings the lawsuit of compensation for ecological environmental damage as one of the manifestations of the modernization of environmental governance.In terms of the legitimacy of reality,this paper discusses the ecological damage relief system,the environmental supervision responsibility of the government and the public interest litigation initiated by social organizations.First of all,due to the public nature of environmental damage,the relief system of ecological environmental damage needs to be supplemented in addition to environmental administrative relief and environmental civil relief.The addition of the compensation and relief system of ecological environment damage makes it more suitable for the needs and development of society.Secondly,as the main body of environmental administrative supervision,the government has certain defects in the exercise of administrative functions.When the government is the plaintiff of litigation,it makes up for the risks and deficiencies of the government in environmental supervision by using the inherent attributes of the judiciary,and also makes up for the disadvantages of public interest litigation brought by social organizations.Finally,it is also a beneficial supplement for social organizations to bring environmental public interest litigation,which can better deal with the current complex and changeable environmental damage.