Study On The Ecological Damage Liability

With the development dividend brought about by the reform and opening up,China's economic development is booming.However,the ecological destruction problem is shocking.In terms of ecological environment,Chinese scholars focused on the exploration of environmental tort liability in the early stage,and the responsibility for ecological damage.As a new type of liability that has emerged in recent years that is different from the traditional environmental tort liability,there are few studies.For example,in the Chongqing Green Volunteers Association v.Enshi Autonomous Prefecture Jianshi Shuichangping Mining Co.,Ltd.In the case of the case of continuing to infringe on ecological risks or hidden dangers,how to bear the responsibility of stopping the infringement,how to determine the ecological restoration obligation in the case of insufficient identification institutions,and how to apply the apology in the ecological damage lawsuit,so the previous research cannot solve the problem in recent years.Frequent ecological damage cases.With the frequent occurrence of ecological damages caused by ecological destruction in the society,it is necessary for China to strengthen the research on the responsibility of ecological damage.This paper first defines the concept of ecological damage by means of semantic analysis,and then analyzes the environmental damage and environmental pollution infringement through comparative analysis methods to obtain the unique characteristics of ecological damage liability.The related concepts lay the theoretical foundation.Secondly,on the basis of summarizing and summarizing the provisions of China's current environmental law on the principle of environmental damage imputation,this paper puts forward the claim of the principle of liability for ecological damage liability,that is,the principle of liability for faultless liability is the main responsibility,supplemented by the responsibility of state responsibility.Thirdly,the paper analyzes the constituent elements of the responsibility for ecological damage.This paper advocates the composition of the three elements,namely,the behavior,the result and the causal relationship.On the responsibility of responsibility,it advocates tailoring,and applies its specific and different civil legal responsibility according to the legislative purpose of ecological damage liability.The way of undertaking is to maximize the relief of the damaged ecosystem itself;at the same time,it limits the force majeure,the victim's fault and other excuses,and imposes strict restrictions on its application.Finally,in connection with the legislative status quo of China's ecological damage compensation system and combined with foreign legislative provisions,the paper puts forward some suggestions for improving the ecological damage compensation system in China.