Research On The Constitutive Elements Of Compensation Liability For Ecological Environment Damage

In recent years,the cases of ecological environment damage are increasing day by day,and China is gradually establishing the system of compensation for ecological environment damage.It is the premise of investigating the responsibility of compensation for ecological environment damage to make clear the constitutive requirements of the responsibility of compensation for ecological environment damage.The existing rules of the constitutive elements of the liability for ecological environment damage are not clear.There are neither several constitutive elements of the liability for ecological environment damage nor specific rules of each element.This leads to different standards of judgment in judicial practice.It is helpful to provide accurate basis for judicial practice to make clear the constitutive requirements of compensation for ecological environment damage.The compensation liability for ecological environment damage has the nature of civil compensation,which can be discussed on the basis of the four elements of traditional civil liability.The litigation of compensation for ecological environment damage and environmental civil public interest litigation constitute the dual litigation mode of compensation for ecological environment damage.However,due to the different national conditions,the rules of the constitutive requirements of the liability for ecological environmental damage in China must be based on the domestic practice.The optimization of the constitutive elements of the liability for ecological environment damage in our country should be based on the principle of illegality,the stipulation of different results under the dual litigation mode,the emphasis on the relevance between the act and the result,and the distinction of subjective elements according to the nature of the act.