Research On The Public Trust System Of Compensation For Ecological And Environmental Damage In My Country

With the introduction of the Supreme Court’s "Certain Provisions on the Trial of Ecological and Environmental Damage Compensation Cases(for Trial Implementation)",the initial establishment of China’s ecological and environmental damage compensation system,currently,China’s ecological damage compensation funds lack unified management.In practice,due to the importance the state attaches to environmental protection,the amount of compensation funds for environmental damage is often not small,in the environmental public interest litigation there has been a court ruling of 160 million compensation,how to manage the compensation funds for environmental damage,to ensure that the compensation funds are used to repair the environment on the edge of the knife,which has been highlighted as a new problem to be solved.The ecological damage compensation system has entered a period of perfection,with the environmental restoration fee and environmental damage compensation as the main content of the monetary payment responsibility to become the main form of responsibility in the practice of ecological damage compensation litigation,the promotion of the ecological damage compensation system than the previous environmental public interest litigation has highlighted the importance of this monetary payment responsibility,whether these funds can be used for ecological restoration in a real and effective manner.The success or failure of the eco-environmental damage compensation system is determined.However,there are no clear regulations on the management and use of funds in either legislation or judicial practice,and the practice varies from place to place.This paper studies the management mode of ecological damage compensation funds using the trust model to explore how to build a scientific and safe compensation fund management system to better protect the well-being of the public’s good environmental rights and interests,and to make some suggestions for improving the ecological damage compensation system in China.The first part is an analysis of the current situation of the ecological environmental damage compensation management system in China.The concept of ecological and environmental damage compensation system,specific management methods,the practice of ecological and environmental damage compensation management system in each pilot city and the problems that exist at present are elaborated.These real-life problems reflect that the existing practice of ecological and environmental damage compensation management system in China has problems such as confusing management subjects,imperfect management procedures,and unreasonable operation of funds.The second part mainly discusses four models of the current ecological and environmental damage compensation management in China.By comparing the four models of ecological and environmental damage compensation fund management: government financial fund management,judicial organ execution money property management,public welfare foundation management,and public welfare trust model management,the advantages and disadvantages of each model are analyzed,so as to explore the future direction of China’s ecological and environmental damage compensation fund management system.The introduction of the public interest trust model is proposed through the model analysis.The third part discusses the theoretical system of domestic and foreign ecological damage compensation funds to public benefit trusts.Through the origin and theoretical basis of foreign public interest trust,the principle of public interest trust: the government as the trustee of environmental rights,and other aspects of the discussion in full consideration of China’s national conditions,the application of public interest trust legal system theory of China’s ecological environmental damage compensation management system.The fourth part is a study and analysis of the justification and feasibility of applying public interest trusts to ecological damage compensation.The benefits of public interest trust and the application of the ecological damage compensation trust system in China are discussed in terms of the subject matter of the public interest trust,the advantages of the establishment of public interest trust,the rationalization of the supervision mechanism,and the operability of the ecological damage compensation trust system.The fifth part is a study and analysis of the specific setup of the public trust system for ecological damages in China.The public benefit trust system is designed,the public benefit trust system for ecological damages is established,and the public benefit trust management mechanism for ecological damages is improved.