Study On The Claimant Of Compensation For Ecological Environment Damage In China

In recent years,the ecological environment damage increasingly can not be ignored in the environmental problems.Relief for damage to the ecological environment can not rely solely on administrative measures.Judicial relief should also be undertaken.The ecological environment damage refers to the damage caused by environmental hazards to the environment itself.And it differs from environmental tort damage to person or property with the environment as a "media".Therefore,the judicial relief for the damage of ecological environment can not be realized by the traditional legal system of environmental tort damage but by the construction of compensation system of ecological environment damage based on the special nature of ecological damage.And China is also carrying out the relevant reform pilot work at present.Defining the claimant of ecological environment damage is an important part even a mainstay of construction of compensation system of ecological environment damage.Because only the claimant is determined,the compensation for the damage of ecological environment can be carried out to ensure the relief of the damaged ecological environment.There are three kinds of claimants of the compensation for the damage of ecological environment:administrative organ,environmental organization and procuratorial organ.The administrative organs include government and relevant government departments.And there are necessity,feasibility and support of law and documents for the administrative organ to be one type of claimants of the compensation for the damage of ecological environment.To impose an administrative penalty on the responsible person after ecological environment damage usually can not make up the required investment of controlling and restoring the ecological environment.Thus it is necessary to claim compensation from the responsible person.Because the administrative organ has the function of environmental management,it will master a large number of accurate inspection,testing,evaluation and other first-hand information when deals with cases of ecological damage,and it is very conducive to the subsequent work of the claim.The environmental protection organization as the claimant of the compensation for the damage of ecological environment has the advantage.The purpose of environmental protection organization is to protect the environment public welfare.Therefore,the activities carried out around this purpose,including the restoration and claims of the ecological environment damage.At the same time,the environmental protection organization has the advantages of speciality and the advantages of the group.They can also make up for the deficiency that some of the administrative organs valuing the economic benefits but undervaluing environmental protection.In addition,the environmental protection organizations have environmental public interest litigation plaintiff qualifications,also conducive to claim by the adoption of environmental public interest litigation.As the claimant of the compensation for the damage of ecological environment,the procuratorial organ is mainly based on the position of the spokesman of the social public interest.When the ecological environment which belongs to public interest is damaged,it is the right of the public prosecution to prosecute the environmental public interest litigation.The administrative organ,the environmental protection organization and the procuratorial organ as the claimants of the compensation for the damage of the ecological environment should have the difference in order to carry out the claim.Specifically,the administrative organ should be the main subject of claim,with the first order of claim.The environmental protection organization should be the supplementary claimant of claim,with the second order of claim.That is,when the environmental protection organization request the administrative organ to claim fruitlessly,it can claim compensation to the obligor.The procuratorial organ should be a "fallback" claimant of claim,with the third order of claim.That is,the procuratorial organ only to urge the first two types of claimants to claim but end up with nothing,in order to bring environmental interest litigation claims to the obligor.Citizens should not be the subject of compensation for the damage of ecological environment,however,we should give full play to the supervisory role of the public in the ecological environment damage cases.