Research On The Litigation System Of Compensation For Ecological Environmental Damage In China

With the rapid development of industrialization and urbanization,environmental pollution incidents emerge one after another: chromium pollution in Qujing,Yunnan,cadmium pollution in Longjiang,Guangxi,and poisonous land case in Changzhou,etc.Moreover,the situation of "enterprise pollution and government paying the bill" has existed for a long time,which makes the ecological environment damage unable to be effectively relieved.To solve this problem,the litigation system of compensation for ecological environmental damage came into being,which determined the status of the compensation obligee of the administrative organ.Thus,the administrative organ can not only exercise the administrative law enforcement power,but also file a lawsuit to safeguard the ecological environment interests if the administrative law enforcement power cannot be relieved.The litigation system of compensation for ecological environmental damage refers to a legal system in which administrative organs bring lawsuits against units and individuals who violate laws and regulations and cause ecological environmental damage,and the courts pursue their civil liabilities to protect and relieve the " Ecological value of ecological environment ".Its claim right is based on environmental public interest,which belongs to public interest litigation.Compared with traditional civil litigation,it has the characteristics of public right,procedure and relief.Although it belongs to the litigation system of relieving environmental public interests with environmental public interest litigation,there are differences between them,the most important of which is that the litigation of compensation for ecological environmental damage can change "the government pays the bill" into "the loser bears the responsibility".Public trust theory and new party eligibility theory provide theoretical support for it;The limitations of administrative law enforcement power under the current legal framework and the inability of environmental civil public interest litigation system to provide effective relief are the realistic necessity of its rapid development.Through the investigation of the current situation of the litigation system for compensation for ecological environmental damage,this paper summarizes the problems exposed in the implementation of the litigation system for compensation for ecological environmental damage: the plaintiff’s qualification is not clear,that is,whether the local courts require to produce government authorization documents is inconsistent,and the division of labor among various functional departments of the government is not clear;Improper allocation of jurisdictional power structure leads to the problem of "power imbalance";Pre-litigation procedure and mediation rules are imperfect;Lack of evidence preservation and prior execution procedures;Poor connection with relevant procedures and systems and imperfect supporting mechanisms.In view of the above problems,the following improvements are made: the first is to formulate the Law of Compensation for Ecological and Environmental Damage,which standardizes the litigation for ecological and environmental damage in the mode of special legislation.Secondly,the litigation rules should be improved: the plaintiff’s authorization mode should be defined as general authorization,and the functions of government departments should be divided;The division of jurisdiction power should pay attention to the principle of "equal rights" besides the standard of "three combinations".Perfecting pre-lawsuit procedure and mediation rules;Standardize evidence preservation and advance execution.Then,in the connection aspect of the procedure system,the priority principle of administrative law enforcement power is clarified,and the connection rules of environmental civil public interest litigation are improved.Finally,the supporting mechanisms should be improved: an ecological and environmental damage compensation foundation should be established to manage the execution property,an environmental liability insurance system should be established to share the risks of enterprises,and the public participation and supervision mechanism should be strengthened.It is hoped that the above research can provide some references for the development of the litigation system of compensation for ecological environmental damage.