Research On The Judicial Determination Of The Amount Of Ecological Environmental Damage Assessment

The core of the case of ecological environmental damage lies in the judicial determination of the assessment amount.In the process of identification,there are many problems such as double calculation of assessment amount,confusion of legal attribute and use of assessment amount,it leads to the phenomenon of "different judgments in cases" and the confusion of the amount of compensation.Based on the applicable principles and calculation principles of the ecological environment damage assessment method,this paper analyzes the causes of the above problems by case analysis and drawing lessons from the experience of Europe and the United States,It is suggested that China should set up the case database and database of ecological environment damage assessment,establish a unified legal and technical system of ecological environment damage assessment,explore the substantive examination procedure of ecological environment damage assessment opinions and promote the specialization of environmental justice to solve the above problems.In the first part of the paper,the relevant concepts of the amount of ecological environment damage assessment are sorted out,the applicable rules and calculation principles of the method of ecological environment damage assessment are expounded,and the legal attributes and uses of the amount calculated by different methods are introduced.The second part of the paper analyzes the problems and causes of the amount of ecological environment damage assessment.Through the analysis of four typical cases,it is found that the judge has a double identification of the amount of ecological environment damage assessment,and a mixed identification of the legal attribute and use of the amount of different assessment methods.Second,there are no regulations on the methods,procedures and uses of the assessment amount of ecological environmental damage in China,the connection between relevant legal norms and technical norms is not smooth,and the legal and technical system of ecological environmental damage assessment is not perfect.The third is the lack of substantive examination of the judge's opinion on the assessment of ecological environment damage.Fourthly,the specialty of ecological environment damage case hampers thejudicial adjudication.The third part of the thesis compares China's ecological environment damage assessment system with that of Europe and America.This paper analyzes the three advantages of the ecological environment damage assessment system in Europe and America.First,a unified legal and technical system for the assessment of ecological and environmental damage;Second,the application of the calculation model improves the accuracy of the ecological environment damage assessment.Third,the amount of compensation management and use are dominated by government.The fourth part of the paper provides a solution to the existing problems in the judicial determination of the amount of ecological environmental damage assessment.One is to establish the case database and database of ecological environmental damage assessment in China to improve the accuracy of assessment opinions;Second,the applicable rules and procedures of different assessment methods should be clearly stipulated in the law,and the legal attributes and uses of the assessment amount should be clarified to ensure the consistency between legal norms,strengthen the connection between legal norms and technical norms,and establish a unified legal and technical system for the assessment of ecological environment damage.Third,to explore the substantive examination procedure of the assessment opinions on ecological and environmental damage;Fourth,promote the specialization of ecological environment damage assessment and judgment.