Research On The Compensation Of Ecological Environment Damage

Ecological environment crisis is one of the main problems facing mankind,and environmental problems are related to the common interests of mankind.In 2020,the national code of the People's Republic of China(hereinafter referred to as "Civil Code")was issued,which continued the "green principle" of the general provisions of civil law,which reflected the importance of the state to environmental protection.The civil code specifies the liability for compensation for ecological environment damage,defines the claim rights and scope of the state regulated organs and organizations for ecological environment damage,and provides the substantive legal basis for the civil public interest litigation and compensation for ecological environment damage.Based on the provisions of the civil code on ecological environment damage compensation,this paper first interprets the basic concepts and legislative status of the ecological environment damage compensation system,and then analyzes the problems existing in the system within the framework of China's existing legal system,including the unclear connection rules between administrative relief and judicial relief,the narrow scope of plaintiff in environmental civil public interest litigation,and the fund guarantee system unsound.Finally,by drawing lessons from foreign advanced legal systems,this paper puts forward suggestions to improve China's eco-environmental damage compensation system from three aspects,including making clear the connection arrangement of administrative relief superior to judicial relief,specifically making clear that administrative public interest litigation is superior to civil public interest litigation,improving the third-party participation system,and setting up exceptions of eco-environmental damage compensation litigation priority It is necessary to cancel the judicial confirmation procedure of compensation agreement,broaden the scope of plaintiff in environmental civil public interest litigation,endow citizens with individual right of action,and improve the compensation fund guarantee system to ensure the smooth progress of damage compensation.