Research On China's Ecological Environment Damage Relief Mechanism

Since the 18 th National Congress of the Communist Party of China,China has attached unprecedented importance to ecological and environmental protection,with the emergence of advanced ideas,the introduction of unprecedentingly intensive policies and countless innovative measures.With the promulgation of the new Environmental Protection Law in 2014,it heralded the arrival of a new era of environmental law.China has entered the era of the strictest environmental law.After the 19 th National Congress of the Communist Party of China,ecological values have been gradually implemented in government decision-making and social governance,and ecological civilization has attracted unprecedented attention.At present,China has developed a set of ecological damage relief mechanism dominated by private law with environmental civil public interest litigation and ecological damage compensation litigation as the core.The tort law established on the basis of resolving the disputes of private interest to remedy the ecological environmental damage with the attribute of public interest has great obstacles in the aspects of the compensability of the damage,the assessment of the damage,the way of relief and the determination of the subject of the claim.And the purpose of this article in combing the damage of ecological environment on the basis of relevant theories,the present situation of the current ecological environmental damage relief mechanism in China and the plight of the introduction and analysis,finally puts forward some feasible Suggestions,hope that can be used to strengthen the legal mechanism of ecological environmental damage relief research,investigation,demonstration,the mode existing in our country,in order to further define adapt to China's ecological civilization concept of development of ecological environment damage relief path provide preliminary ideas.Through comprehensive use of comparative analysis method,literature analysis method and empirical analysis method,this paper analyzes and studies the current ecological environmental damage relief mechanism in China.The paper is divided into four parts:The first part is the definition of the basic concept of ecological environmental damage relief and the theoretical basis of the establishment of relevant mechanisms.First,defining the basic concept of damage to the ecological environment and to clarify,generalized the environmental damage can be divided into two types,namely narrow sense of environmental tort and the ecological environment damage,clear damage the ecological environment is the basis of this article refers to the pure environmental damage,the improper behavior caused the damage to the environment and ecological function degradation;Secondly,it defines and distinguishes the ecological damage compensation mechanism and the ecological damage relief mechanism from three aspects: connotation,nature and function.Finally,the theoretical basis of the establishment of ecological environmental damage relief mechanism is discussed respectively from the perspective of jurisprudence and environmental law.The second part is the present situation and problems of the relief mechanism of ecological environmental damage in China.Firstly,the paper introduces and analyzes the current situation of the relief mechanism for ecological environmental damage in China from the aspects of mechanism and practice.Second analysis indicates that the problem of ecological environment damage relief mechanism in our country: one is at the legislative level has not confirm ecological interests as a new type of legal interests,and related legal mechanism and complex problems such as lack of mechanism,the second is the limitations of the current public law relief means,three is to analyze the limitations of the current private law relief means,four is the absence of ecological environment damage social relief way.The third part is the investigation and reference of extraterritorial ecological environmental damage relief mechanism.Firstly,the paper selects the United States and Germany as the objects of investigation,investigates the operation of the relief mechanism for ecological environmental damage in these two countries,and introduces the legal practice and socialized relief mechanism of the relief for ecological environmental damage in the United States and Germany.Secondly,the author sums up six experiences that are worth using for reference in China: establishing the main body,the principle of imputability and the scope of compensation of ecological damage relief,establishing the perfect legal mechanism of ecological damage relief,giving full play to the role of administrative organs,and constructing the socialized relief mechanism of ecological damage relief.The fourth part is the improvement of the ecological environment damage relief mechanism.Mechanism proposed in improving ecological environmental damage relief legislation mechanism on the basis of the construction of public law,private law is complementary mode of ecological environmental damage relief,ecological environmental damage the sequence of public and private law relief way,give full play to the role of an administrative organ,establish an administrative organ repair obligation and perfect the environmental administrative public interest litigation mechanism,improve the ecological environment damage the private law relief mechanism,the development of ecological environment damage liability insurance mechanism and environmental damage relief fund.