Study On The Related Problems Of The Subject Of Claim For Ecological Environmental Damage

Ecological and environmental problems are becoming increasingly serious along with economic development,and in order to address this problem,our country promulgated the Reform Programme for the Compensation System for Ecological and Environmental Damage(hereinafter referred to as the "Reform Programme")in 2017.In the Programme,it was established that a system of compensation for ecological and environmental damage would be implemented,which could effectively respond to environmental damage.One of the highlights of this system is that the administrative organ as the subject of claim carries out consultation or litigation with the infringer on the issue of environmental damage.Although it has achieved excellent results,there are significant problems in the practical application of the claimants due to the inadequacy of the existing provisions.Based on the above background,this paper uses case study,cross-disciplinary and literature analysis methods to study the problems of the claimant body at the legal level,the logical level and the implementation level,legal level is mainly for the claims of law subject is single,logic level is because of the conflict of claims subject to claim and supervision and do not coordinate with the court’s jurisdiction,the execution of the delayed in the exercise of right of claim for compensation subject is because the principal claim and the accountability of dilemma,to claim the lack of subject responsibility mechanism and assessment mechanism,imperfect supervision system,etc.Based on this,After examining the problems of the claimants and the underlying reasons for them,similar systems in some countries are analysed,so as to perfect the system of the subject of ecological environment damage claim.In the future,we should first expand the scope of claim subjects and construct the model of diversified claim subjects.Secondly,the right of claim and the right of supervision should be balanced,and the right of claim and judicial power should be reasonably positioned to avoid the dislocation of functions.Finally,establish and perfect the supervision and assessment mechanism of the claimant subject to improve their enthusiasm for claim.