Research On The Management System Of Ecological Environment Damage Compensation

With the construction of ecological civilization,the system of compensation for ecological environment damages is gradually improving from legislation to judicial practice.The management system of damages is an indispensable and important part,and effective management can provide good protection for the prevention and control of environmental damage.The management system of ecological environment damages in China is mainly determined by local regulations,and there are many problems in the practice of decentralized management.Therefore,in March 2020,the Ministry of Finance,the Ministry of Ecological Environment and other departments,together with the Supreme People’s Court and the Supreme People’s Procuratorate,jointly issued the Measures for the Administration of Funds for Damages for The Ecological Environment(Trial),which made uniform provisions on some of the problems in practice,indicating that each region could formulate local implementation rules in the light of the measures and regional conditions.However,there are still some problems in this approach,such as single source,narrow use of subject and scope,imperfect procedures,imperfect supervision mechanism,excessive administrative intervention and so on.In view of these problems,this paper has carried out an analysis and research on its management system.First of all,through the theory to explore the concept of clear ecological environment damage,summarize its responsibility to assume the way,on this basis to clarify the scope and characteristics of compensation,and in the appropriate aspects of the ecological environment damages to clarify the function and positioning,so as to discuss the concept and characteristics of ecological environment damage management system.Secondly,the comparative analysis of the relevant policies at the national and local levels,combined with the practice of court decisions,in order to obtain a comprehensive understanding of the current ecological environment damages management system from the perspective of legislation and practice.Third,through empirical analysis,we find the deficiencies stipulated in the Measures for the Management of Funds for Ecological Damages(Trial),and analyze and evaluate the four modes of government management litigation fund model,foundation model,third-party supervision model and court management mode,and summarize the problems of the model adopted in our country.Finally,based on the overall requirements of ecological civilization construction,combined with the current situation of China’s basic situation,the path of the ecological environment damages management system to explore,put forward the construction of a national environmental protection foundation system to manage the ecological environment damages,by the environmental protection department as the business unit in charge,determine the source of funds,clear the use of funds and the use of the main body,pay attention to the information disclosure system,establish a comprehensive supervision mechanism to ensure that China’s ecological environment damages management system to play an effective role.