Research On The Scope Of Accepting Cases Of Ecological Environmental Damage Compensation Litigation

"Ecological Environment Damage Compensation Litigation System Reform Plan" proposes to remedy the ecological environment damage itself,and follows this logic to build a system for the scope of the ecological environment damage compensation litigation,but the system has been released in a hurry,and it has been proven in theory There are many problems in operation Mainly manifested in the deviation of the theoretical basis of the right to litigation,the obvious conflict of local jurisdiction,the overlapping and confusion of the scope of the case and the single.In order to better define and implement the scope of the ecological environment damage compensation litigation system,and to achieve real legal relief for the ecological environment damage in practice,the theoretical basis of the right to litigation of the ecological environment damage compensation litigation scope system is urgently needed Redefine and reconstruct the clear and clear scope of the system.In this paper,through empirical research and historical analysis,this paper studies the problems in the scope of the ecological environment damage compensation litigation system,and proposes the path selection and recommendations of the ecological environment damage compensation litigation scope in China from the theoretical and practical dimensions.Based on the interpretation of the basic issues of the scope of the ecological environmental damage compensation litigation,this article uses the "plan" as a blueprint to review the implementation plan for the reform of the ecological environmental damage compensation system in 25 sample provinces and cities and the judicial cases that have been concluded nationwide and comment.Analyze the level of environmental emergencies,the area of occurrence,the type of specific actions,and the connection of related litigation of the system of scope of compensation for ecological environmental damages,and find the practical pattern of the scope of the case and the theoretical pattern constructed with national ownership of natural resources The state logic is contradictory,there is scope deviation,and there are obvious problems such as conflicts in local jurisdiction,overlapping scope of acceptance,and simplification of scope of acceptance.In order to effectively solve the problems in the scope of the ecological environment damage compensation litigation,it is necessary to reconstruct the basis of the litigation right of the ecological environment damage compensation litigation and achieve logical self-consistency;establish a unified standard for the scope of acceptance between regions and accurately delineate its scope of acceptance Combining cases and other methods is the normative approach to the scope of the ecological environment damage compensation litigation.