Research On Environmental Damage Compensation In Environmental Civil Public Interest Litigation

In the past 40 years of reform and opening up,the deterioration of China's environment has become obvious.A large number of environmental pollution and ecological damage are shocking.In this regard,the introduction of environmental civil public interest litigation is one of the effective ways to solve environmental damage.The "Environmental Protection Law" and the judicial interpretation of specific implementation provide a legal basis for the conduct of environmental civil public interest litigation.However,in practice,due to the particularity of environmental damage,Environmental damages generally have unclear scope,different standards of identification,lack of evaluation rules and professional institutions,and inconsistent funds management and use systems.As a result,the damaged environment cannot be repaired and managed in time,and environmental problems are becoming more and more serious.One of the main contradictions that hinder the sustainable development of the economy and society.Therefore,systematic research on environmental damages is particularly urgent.This paper first studies the theory and practice of environmental damage compensation,and clarifies that environmental damage refers only to the damage of the environment itself and its legal liability.Through the trial of environmental damage compensation,the status quo of judicial practice is compiled and analyzed in depth.At the same time,learn from the experience of the United States and the European Union in the environmental damage compensation system,and clarify the scope of environmental damages.Secondly,construct environmental restoration standards that are different from environmental quality standards and pollutant discharge standards,standardize the degree of quantitative environmental damage,and introduce punitive damages,damage compensation limits and exceptions.Under the appraisal and evaluation rules,the professional construction and training of appraisal institutions and talent teams should be strengthened.Thirdly,it unifies the attribution of environmental damage compensation through the analysis of the attribute of environmental damage compensation.Finally,establish an environmental restoration foundation,clarify the main body of responsibility for the management and use of funds,and establish a strict supervision and management system to achieve the repair and governance of the damaged environment.