Research On Ecological Damage Compensation Management System In Environmental Civil Public Interest Litigation

With the rapid development of social economy and the continuous improvement of science and technology,environmental pollution incidents and environmental damage occur more and more frequently,and the number of environmental civil public interest litigation cases also increases.The compensation for ecological damages has become the main form of liability in environmental civil public interest litigation,and the compensation for ecological damages is the monetized form of liability for ecological damages.The compensation for ecological damages in environmental civil public interest litigation refers to the amount of money that the defendant should bear against the act of environmental pollution or ecological destruction in this lawsuit,and the court generally generalizes it as "environmental restoration expenses" in the judgment.The essence of awarding compensation for ecological damages is to protect the environmental interests of the public and to repair and maintain the polluted and damaged ecological environment in a timely manner.However,at present,there are some deficiencies in the management of ecological damages compensation in our country.In the judicial practice of various places,the subject of ecological damages compensation has not been unified,which will affect the actual use of compensation,and lead to many problems.For example,in the process of using ecological damages compensation,the main body of compensation used in various localities is different,some regions have not even stipulated the clear use of the main body,the procedures for the approval of the application for the use of compensation in various localities are cumbersome and complex,and the compensation is currently lacking in the acceptance criteria for environmental restoration,and the supervision mechanism needs to be improved.The existing legal norms do not make uniform provisions on the above problems,and the existence of these problems has a serious impact on the protection of the environmental interests of the public.Therefore,in order to better protect the environmental interests of the public,the author will study and discuss the problems existing in the management system of ecological damages compensation.This paper is divided into four parts,focusing on the management system of ecological damage compensation in environmental civil public interest litigation in China: the first part is to define the ecological damage compensation in environmental civil public interest litigation in China,explain the concept and scope of ecological damage compensation,and then analyze the characteristics and functions of ecological damage compensation.The second part is based on the present situation that the ownership of ecological damages is not uniform,and then analyzes the problems existing in the management system of ecological damages.These problems mainly include the following four points :(1)the main body of use of the compensation management system needs to be clear;(2)the examination and approval procedure of the compensation management system is still insufficient;(3)the acceptance standard of the compensation management system is missing;(4)the supervision subject of the compensation management system is single.The third part is to think about the standards and requirements to be met for the management of ecological damages in our country.For the subject of the management of compensation,it is necessary to ensure the legitimacy of the subject of the ownership of funds and the security of the deposit of funds.The fourth part tries to construct the management mode of ecological damages,first determines that the main body of ecological damages is the environmental protection department of our country,and then determines that the use of ecological damages should be managed by trust mode.Then the legal relationship of ecological damages trust and its rights and obligations are set.