Research On The Legal Issues Of Ecological Damage Compensation Management In China

The ecological damage compensation is the result of applying the law to the infringement of the ecological environment infringer in environmental civil public interest litigation.Perfecting the effective management,use and supervision system of the ecological damage compensation is the core to ensure the effective implementation of the environmental public interest litigation system,and so as to achieve the purpose of ecological environment restoration and govern.This thesis analyzes the legislation and judicial practice of the relevant system of ecological damage compensation management at the current stage in China,and at the same time makes an in-depth discussion on the attribution,management subject and mode of ecological damage compensation,in order to put forward some specific suggestions to improve the management and use of the ecological damage compensation system The main body of the thesis is divided into five parts to discuss the legal issues of ecological damage compensation management system:The first part starts with two typical cases about environmental public interest litigation and analyzes the judgment results of the classic cases,comparing the two cases to discover problems of the management of ecological damage compensation in China.On the one hand,in the ‘Taizhou sky-high price litigation case’,the court ruled that the ecological damage compensation should be delivered directly to the fund account of the municipal environmental protection public welfare,and the municipal financial department is responsible for managing that;on the other hand,in the ‘Tengger Desert Pollution Case’,the damage compensation is regarded as the execution remittance of the case and transferred to the account that is designated by the court,and management subject is the court.More importantly,the using effect and progress of the two kinds of compensation were not known to the public.As a result,it has more intuitively reflected several major issues that need to be reflected and resolved in this field,further highlighting the importance and urgency of perfecting the management and use relevant systems of the ecological damage compensation.The second part is an overview and analysis of the related the concepts and legislation of ecological damage compensation management.First,analyzing the ecological damage compensation as a whole which in order to clarify and improve the management system of ecological damage compensation more accurately and effectively,and believing that the ecological damage compensation as the subject of environmental civil public interest litigation judgment,which is a monetization form of environmental rights and interests,same as consideration,should follow its attribute characteristics such as public welfare,relief,economy,special funds and others.And its interest attribution and rights subject should be the unspecified social public.Then,when improving the system for managing and using ecological damage compensation,it should not violate or deviate from the above characteristics,subject rights and interests.Secondly,as the amount of compensation involved in the judgment of environmental public interest litigation mainly includes preventive costs,ecological environment restoration costs,emergency disposal costs and transactional costs,and ecological environmental service function damage compensation funds.There are some differences for each type of fund in the purpose,nature of the law and subject of rights.Through in-depth analysis,it is found that the costs of preventive,emergency treatment and other affairs are often attributable subjects that have been paid in advance in practice,and do not belong to the unspecified social public.Therefore,in terms of the scope of the management of ecological damage compensation,only should considerate the compensation such as ecological environmental restoration costs,ecological environmental service function compensation,etc.that need to be used for ecological environmental restoration work when the environmental public interest litigation cases were done,which could conduct the better management and use standard arrangement.In addition,on the basis of the foregoing,this part also sorts out and enumerates the relevant legislation on ecological damages compensation management presently,from judicial interpretation to the interim measures and regulations issued in various regions.so that which can be more clearly shows the current situation of the management system of ecological damage compensation and its series of institutional arrangements for use and follow-up supervision,as well as the development direction of legislation.The third part is the empirical research and exploration of the judicial practice experience of ecological damage compensation management in China,and to conduct empirical tests combined with relevant data from both micro and macro aspects.First,starting from judicial practice,making the sample analysis of the four main ecological damage compensation management models currently in existence: government treasury management,court account management,special public welfare fund management,and public trust management,and responded to reflection question in the first part;second,to performance an evaluation and comparative analysis of different management models from the aspects of feasibility,operation mechanism,practical benefits,And found that when managing ecological damage compensation,third-party institutions or organizations are introduced to the management which could better ensure the reasonable safety and effectiveness of the use of funds and supervision.It is convenient to improve and build a set of efficient and unified ecological damage compensation systematized system,which conform to legislative concept and the direction of system development of our country’s.In order to respond to the other reflective issues in previous proposal,which next will further refines and clarifies the issue.The fourth part is to sum up the specific practical dilemma faced in the management and use of ecological damage compensation.This part is mainly based on the analysis of the overall status quo in the foregoing,and the main problems on compensation management are detailed.The existing problems are summarized as follows: First,the management model of ecological damage compensation is chaotic.At present,there is no legislative of the ecological damage compensation system,which leads to the unavailability of various regions and explorations.The social benefits and legal benefits of different cases are different.The second is the use scope and procedures of ecological damage compensation are designed not standardized.On the one hand,the scope of use is not clear and specific enough,which may result in the use of damages,such as improper use or unauthorized embezzlement.On the other hand,the design of the use procedures is not standardized,which may affect the rights and interests of the relevant subjects or the ecology and progress of environmental remediation work,etc.;The third is that the supervision mechanism for the management of ecological damage compensation is not perfect,such as the supervision responsibilities of professional departments such as the ecological environment department are not clear,the transparency of the use of compensation is low,and the information disclosure is not timely and not all-round,the public has little participation in the management and use of compensation.The fifth part is the specific countermeasures for improving the management of ecological damage compensation.This part provides reasonable and feasible suggestions for the problems summarized in the third part.It is mainly improved from the following three aspects: One is to adopt a unified management model for ecological damage compensation.After comparing the management model led by public power and that led by third parties in the third part of the article,recommending to introduce environmental public welfare trust is based on the fund management model to manage ecological damage compensation,which in a unified manner and let special people do special things: the second is to specify and standardize the use of ecological damage compensation main body,scope of application and procedures,etc.The purpose and legal characteristics of the damage compensation limit and refine the scope of use of the compensation and the subject who can apply for the use,standardize the use of the damage compensation;the third is to improve the supervision mechanism of ecological damage compensation,including the clear the supervision dominate position of the ecological environment department,strengthen the external supervision mechanism of the third party,perfect the internal supervision mechanism of the environmental charity trust system,and establish a real-time dynamic information disclosure and information disclosure mechanism on this basis,and strengthen the strictness of use and management funds by audit system.