Research On The Legal System Of Ecological Damage Compensation

In recent years,with the steady improvement of China's economic development level,ecological damage problems are increasingly frequent.Because of its direct impact on the public's living health and living environment,more and more attention has been paid by the society.China's "Five-in-One" strategy includes the construction of ecological civilization,and its important position and prominent role are self-evident.In particular,the Tort Liability Code of the People's Republic of China includes "environmental pollution and ecological damage liability",which provides more explicit provisions on the liability for ecological damage from the national legal system level.This paper discusses the legal system of ecological damage compensation as the research object,and clarifies the relationship between ecological damage liability and environmental tort liability by defining the relevant concepts of ecological damage compensation system.By sorting out the current legal system of ecological damage compensation in China,and on the basis of comparative analysis,this paper summarizes the problems of the ecological damage compensation system,such as the lack of legislation,the deficiency of the subject,scope and punitive damage compensation system of ecological damage compensation,and the imperfect judicial guarantee of the ecological damage compensation system.After studying the experience and practices of the United States,Japan and other advanced countries outside the region,it is proposed to improve the level of ecological damage compensation legislation,explore separate legislation or integrate relevant laws.To improve the system construction from the extension of the main body of ecological damage compensation,compensation scope and other aspects;The litigation rules of ecological damage compensation should be improved by clarifying the principle of liability and standardizing the consultation system.