Research On The Application Of Ecological Environment Damage Compensation System

Since the Third Plenary Session of the 18 th Central Committee of the Communist Party of China proposed the establishment of the system of compensation for ecological environment damage,the litigation system of compensation for ecological environment damage has gone through several rounds of pilot work of judicial reform.With the judicial interpretation of several provisions of the Supreme People’s Court on hearing cases of compensation for ecological environment damage(Trial)and the publication of typical cases,relevant reform achievements have been determined,affirmed and fixed.At the same time,there are still many difficulties and problems in the implementation of the environmental damage compensation system,and there are also some unclear places in this round of judicial interpretation provisions,such as the connection between the ecological environment damage compensation litigation and the related litigation,the organization and implementation of the ecological environment restoration work,the follow-up supervision and enforcement after the effectiveness of the ecological environment damage compensation litigation award,and the filing of litigation The limitation of the scope of the subject of prosecution and the obligor of compensation,the lack of public participation and so on,leave a large space for the next stage of reform.Therefore,this paper takes the typical cases issued by the Supreme People’s court as the research object,and combines with the problems in the implementation of the ecological environment damage compensation litigation after the judicial interpretation is published,trying to make some beneficial exploration for the further reform of the ecological environment damage compensation litigation system.Specifically,the ideas of this paper are as follows:First of all,this paper analyzes the concept,legal interests and characteristics of the ecological environment damage compensation litigation,and the differences with the environmental criminal public interest litigation,environmental civil public interest litigation,environmental tort litigation and other related litigation one by one,especially points out that the legal interests protected by such litigation are the mixed litigation nature of both national interests and social public interests,aiming to clarify the internal nature of the system The implication and boundary pave the way for the later exploration of the litigation system of compensation for ecological environment damage.Secondly,this paper combs the judicial practice of the litigation of compensation for ecological environmental damage from the aspects of consultation,litigation subject and determination of liability for damage in the legislation of foreign countries,which can give us some experience and Enlightenment in the system reform of our country,such as the environmental liability directive of the European Union,the prevention system in advance of Japan,the operation practice of the United States in the work of ecological environment restoration,etc.After that,starting with the typical cases in practice,it explains the confirmation of the judicial interpretation on the past reform pilot results.However,the introduction of this judicial interpretation is not the end of the Litigation Reform of compensation for ecological environment damage,but a new starting point of the reform.We need to solve the theoretical and practical disputes caused by the limitations of judicial interpretation in a new historical stage.From all aspects of the litigation activities of ecological environmental damage compensation,there are still the following problems to be solved: the subject of litigation is limited;the illegal elements of the defendant’s liability;the relationship between the litigation of ecological environmental damage compensation and the related litigation;how to reasonably distribute the burden of proof between the original and the defendant;the connection between the compensation supervision and repair of costs,etc.Finally,based on the above analysis,this paper puts forward some ideas for the improvement of the litigation system of ecological environmental damage compensation,including: expanding the scope of litigation subjects,strengthening the participation of grassroots and citizens,legal persons and other organizations;clarifying the relationship between ecological environmental damage compensation litigation and related litigation,promoting the unity of judicial application of ecological environmental cases;reasonably distributing the burden of proof of the plaintiff and the defendant,taking The premise of eliminating the illegality of responsibility undertaking;the construction of standardized and diversified ways of responsibility undertaking;the innovation of pre prevention and post cost supervision mode.