Study On The Legal System Of Eco-environmental Damage Compensation

In recent years,with the increase of ecological and environmental problems,,the ecological environment damage dispute is also increasing.The protection of public interests has become the focus of public concern.In order to fairly distribute the burden of ecological damage,the compensation system of ecological environment damage is needed,which is also the due meaning of the concept of sustainable development.Compared with the traditional environmental civil tort,the ecological environment damage does not involve the damage of personal and property rights,but focuses on the damage of the environment itself,so the public interest of the environment is the core of its protection.In 2017,the Central Government issued the "Reform Plan for the Compensation System for Ecological and Environmental Damage"(hereinafter referred to as the "Reform Program")to encourage the promotion of the compensation system for ecological and environmental damage across the country.In this context,it is of great significance to explore the legal system of compensation for ecological and environmental damage in China.At the present stage,the three problems of China’s ecological damage compensation system are reflected in the following aspects:first,the legal system is independent and the core is unclear.The key points of legislation related to environmental protection are still not related to the ecological environment.Second,there are many key problems in the provisions of the reform plan that have not yet been solved.The scope of the obligor is relatively conservative,and the scope of the obligor is relatively simple and unclear,and the scope of compensation is too narrow.Third,there is a lack of measures to support the compensation system of ecological environment damage.In view of the above problems,the following three Suggestions are put forward:first,we should formulate a special ecological damage compensation law,build a comprehensive and perfect legal system of ecological environment damage compensation system,and uphold the concept of scientific development to achieve sustainable development in the legislative concept;Second,we must,from the perspective of the ecological system of damage compensation of ontology,the ecological environmental damage compensation scope and content to be set,rich damage dispute relief way,expand the claim for compensation and liability subject,to join the preventive ecological environmental damage compensation,clear "recover" standard of repair,broadening the scope of damages;Third,we should improve relevant supporting measures around compensation for ecological damage,make the dispute handling mechanism of ecological damage more diversified,and make the responsibility for ecological damage reflect the socialization.For example,we will establish an environmental insurance fund system and an insurance system,improve the appraisal and assessment system for ecological and environmental damage,and strengthen public participation to ensure the smooth operation of ecological damage compensation.