Dilemma And Way Out Of The Ecological Environment Damage Compensation Litigation Filed By Government

After the industrial revolution,the rapid development of science and technology prompted people to further develop and use the nature by various means,which result in the decline of environmental quality,the imbalance of ecosystem,the increasingly serious problem of environmental damage,and this situation could not be reversed.In the period of reform and opening up in the last century,China's overall economic strength has been developed at a high speed,but the problem of environmental protection has been ignored during this process,which resulting in air,water,soil,etc.to be polluted to different degrees,and even further affects the national development and survival.Recently,with the increasing awareness of domestic environmental protection,the pace of ecological civilization construction is faster and faster in the new era.With the occurrence of some major sudden environmental pollution accidents,it has not only aroused the attention of our government and the general public on environmental issues,but also caused the legal thinking and research on the compensation for ecological environmental damage caused by these accidents.The litigation is a legal means to obtain compensation for ecological environment damage,and the participation of the government can also provide a certain guarantee for the probability of compensation.The ecological environment damage compensation litigation is one of the new ways to investigate the responsibility of ecological environment damage,which involves the whole national interests and plays an indispensable role in environmental governance and protection.The government has been granted the status of natural resource owner to intervene in solving environmental pollution problems on behalf of the state,and to maximize the effect in social management depends on its own foundation.However,since the implementation of this work in some parts of the country,there are few cases brought by the government for compensation of ecological environment damage.From the specific judicial practice effect,the mechanism of the government as the main body of the litigation to claim for compensation needs to be improved,and its legal path has become a practical problem worthy of serious discussion.Firstly,the dissertation starts with the basic theory of the ecological environmentdamage compensation litigation brought by the government.The main purpose is to analyze the relevant concepts of the ecological environment damage and briefly summarize the characteristics of it.Interpreting the connotation of the ecological environment damage compensation litigation filed by government,defining the nature of this new lawsuit,combing the relationship with environmental public interest litigation and environmental private interest litigation,and finding its significance in making up for the lack of administrative law enforcement,supplementing environmental public interest litigation and realizing the government function and policy value.Secondly,the dissertation points out that the litigation with a trouble in four aspects,the source of litigation right,the interweaving of interests with environmental public and private interest litigation,the limited scope of the plaintiff and the problem of government supervision.Thirdly,analyzing the system content and regulation method of the ecological environment damage compensation litigation in different countries and regions,and summarizes the feasibility.Therefore,it can be found that some countries and regions are committed to establishing a strict legal framework for accountability,especially in the US,Russia and the European Union,to ensure the improvement of environmental damage compensation,such as legalizing the main body of compensation proceedings.Finally,the dissertation fully draws on the practical experience accumulated abroad,through perfecting the laws and regulations of the compensation system for ecological environment damage,coordinate the relationship between environmental state interest litigation,environmental public interest lawsuit and environmental private interest litigation,perfecting the specific content of the ecological environment damage compensation litigation and perfecting the division of the responsibilities of the government departments,to seek a way out for the dilemma of ecological environment damage compensation litigation.