| Identification and assessment is the key link in the settlement of Marine ecological damage,but its development status is not enough to play its due role in the settlement of Marine ecological damage.Clarifying and perfecting the legal system of identification and evaluation is the premise of Marine ecological damage relief.This paper is divided into the following four parts:The first chapter is the basic theory of the legal system of identification and assessment of Marine ecological damage.Environmental damage not only infringes the rights and interests of persons and property,but also infringes the ecological environment itself.Ecological damage and ecological environment damage only refer to environmental elements and ecological system damage.Compared with identification,identification and assessment of environmental damage pay more attention to the process of quantification,which is parallel with judicial identification.The legal system of identification and assessment of Marine ecological damage is a set of rules for quantifying the value of Marine ecological damage.The identification and evaluation of Marine ecological damage should follow the principles of neutral,scientific and reasonable and comprehensive evaluation.The second chapter is the current status of the legal system for the identification and assessment of marine ecological damage.Judicial practice is mainly based on marine ecological damage compensation litigation,civil public interest litigation and negotiation litigation.The qualification and appraisal of the litigation subject and the determination of the evaluation report have become the focus of disputes.The entrusted appraisal and evaluation agencies have become normal,and most of the claims have been supported.Focus on the application of regulatory documents in the marine field.Marine ecological damage identification and assessment agencies are mainly based on ecological environment agencies and environmental damage judicial appraisal agencies,supplemented by university organizations and expert opinions.The ecological environment department and the judicial department are the main management bodies,and the supervision regulations are relatively scattered and lack pertinence.The main body of initiating the procedure includes the marine environment supervision department and the procuratorial organ.The qualifications of social welfare organizations as the subject of litigation are not recognized in practice,and the appraisal and judicial linkage mechanism is not clear.The third chapter,the problems and analysis of the legal system of Marine ecological damage identification and assessment.The standard system is not perfect,the level of legislation is low,part of the norms are outdated,the provisions are not comprehensive,and the provisions of the assessment and evaluation scope and standards are not uniform.It is difficult for traditional judicial appraisal institutions to meet the needs of Marine ecological damage appraisal and assessment.The appraisal and assessment institutions lack unity,independence and professionalism,and the regulatory mechanism and model need to be further defined.In terms of assessment procedures,there is still room for convergence between the rights and responsibilities of various departments of Marine environmental supervision,the subject status of claims of social public welfare organizations is not clear,and there is a lack of effective channels for convergence between appraisal and justice.Chapter four: Suggestions on perfecting the legal system of identification and assessment of Marine ecological damage.To solve the problem of appraisal and assessment,the following approaches should be taken: formulating special normative documents for appraisal and assessment of Marine ecological damage,updating the norms from the perspective of time,perfecting the norms lacking in the Marine field,and unifying and perfecting the assessment and evaluation standards.Establish professional and independent Marine ecological damage identification and assessment institutions,gradually establish a regulatory model based on industry supervision,strengthen the construction of access and withdrawal mechanisms,enhance the regulatory positioning and participation of social organizations,and adhere to information disclosure.Clarifying the functions of various departments of Marine environmental supervision in initiating claims and appraisal and assessment procedures,gradually supporting and guiding social public welfare organizations in proposing compensation and appraisal and assessment procedures for Marine ecological damage;We should establish a communication mechanism between appraisal and justice to improve efficiency and the professional level of judicial organs and their personnel. |
