Research On The Elements Of Compensation Liability For Ecological Environmental Damage

The core of the eco-environmental damage compensation system is to realize the relief of the environment itself through accountability.The construction of this system is still in the preliminary exploration stage in China,and the specific rules of the constituent elements of the liability for compensation for ecological environment damage have not been formed in legislation.It can only be inferred from the general provisions on the prosecution situation and the burden of proof that there are policy and legal norms with a tendentious attitude towards its constituent rules.Although the current policy and legal system provide certain reference norms for the judiciary to deal with ecological environment damage compensation cases,the lack of substantive legal basis inevitably leads to difficulties in the process of hearing specific cases.The defects in the existing provisions of the constituent elements of compensation liability for ecological environment damage can be summarized as three fundamental contradictions:contradictions in the conversion of public law to private law,contradictions in which the two major litigation systems of ecological and environmental damage compensation litigation and environmental civil public interest litigation are parallel but with different elements,contradictions in the convergence of different legal systems.The Civil Code solves the problem of compensation for ecological and environmental damage through civil remedies,reflecting the trend of private law becoming public law,and this initiative has practical significance.However,the current theoretical research has not fully explained the compatibility between the public law attribute of the ecological environment damage compensation system and the civil law system.Fundamentally,the nature and characteristics of the private law of civil law determine that the relief provided by the civil law for the public ecological environmental damage alone is limited.To solve the fundamental contradictions existing in the system,it is necessary to explore ways to integrate public and private law systems and make different legal systems coexist and complement each other from a systematic perspective.Under the trend of public-private integration of environmental law,the codification of environmental codes has been incorporated into national legislative plans.We should not limit our thinking to the logic of private law,but accurately grasp the orientation of its public law attribute,and seek the optimization scheme to resolve the operation conflict of different legal systems from the environmental code.Specifically,the environmental code plays a leading role,systematically constructs the ecological environment damage compensation system,and clearly stipulates its constituent elements.Apply the diversified imputation principle to implement no fault liability for "dangerous activities" and fault liability for "non-dangerous activities".The constituent elements include subjective faults in non-dangerous activities,acts that damage the ecological environment,have caused ecological environmental damage or have a realistic possibility of ecological environmental damage,and there is a correlation between the damage behavior and the damage result.Integrate existing environmental protection stand-alone laws and make them consistent in principles and constituent elements.The Civil Code plays an auxiliary role,setting Articles 1234 and 1235 of the Civil Code as referral clauses to link up with the Environmental Code,and interpreting them using the theory of legal interpretation.