Research On Ecological Environment Damage Compensation System Based On "Private Benefit Theory"

At the beginning of the compensation system for ecological and environmental damage,China’s legislature initially proposed a theoretical basis for claims based on“national ownership of natural resources”.However,the theoretical basis has not been fully affirmed during the implementation of the system,which has caused China’s ecological environment damage compensation system to be in an embarrassing situation without a clear theoretical basis,and also caused a large number of problems in the implementation process.The research in this article is to solve the theoretical and practical dilemmas encountered in the implementation of China’s ecological damage compensation system.Based on an in-depth analysis of the current legal norms of the compensation system for ecological and environmental damage,the main theoretical problems of the compensation system for ecological and environmental damage are put forward,which do not exist due to the intensified dispute between the theory of "public interest theory" and "private benefit theory" Unified and systematic institutional foundation.The problem in practice is that due to the lack of institutional foundation,the scope of application of the ecological environmental damage compensation system,laws,and positioning in the entire environmental protection system are not clear.Compared with the more mature solution of environmental civil public interest litigation,the pilot areas are more inclined to adopt a mature environmental civil public interest litigation system to solve related problems.This has directly led to the trial of non-compliance of ecological and environmental damage cases in China and insufficient cases.Due to the peculiar complexity of the determination of causality and the amount of compensation in existing cases of compensation for ecological and environmental damages,there are large differences in the determination standards for trial practice in various places,and the implementation practice is not effective.Propose solutions through in-depth analysis of the compensation system for ecological and environmental damage.Aiming at the problem of lack of theoretical foundation,through the comparison of various theories,the shortcomings of the theory of "private benefit theory" were analyzed in detail,and the existing theory of "private benefit theory" was improved."National ownership of natural resources" was integrated,a "private benefit theory" theory with a dual theoretical starting point was proposed,and the government’s view of environmental rights was introduced.Aiming at the problems encountered in practice,the author puts forward the viewpoint of establishing an ecological damage compensation system with reference to general environmental infringement cases,and puts forward a series of system improvement suggestions based on the "private benefit theory" theoretical starting point.The idea of clarifying the case to prove responsibility and compensation for government fiscalization is highly innovative.The former explicitly stated that general environmental infringement cases,environmental civil public interest litigations,and compensation for ecological and environmental damage should use the same standard of proof;the latter stated that if it is to protect the "private interests" of the government,the compensation should be incorporated into the local government finance for management.