Study On The Initiating Mechanism Of Compensation System For Ecological And Environmental Damage

In order to deal with the dilemma of "enterprise pollution and government paying the bill",and to implement the principle of liability for damage,and to make up for the lack of a system of claimants for the ownership of national natural resources,the two offices have issued policy documents to promote Compensation System for Ecological and Environmental Damage across the country.However,due to the unclear positioning of the system and the lack of systematic top-level design,it leads to a mismatch to the existing environmental protection system,and problems in the Initiating mechanism,hindering the system from playing a role in the construction of ecological civilization.Firstly,the compensation system is only applicable to situations that have serious consequences affecting the ecological environment.The principle of liability for damage has not been fully implemented.The local governments are short of standards and basis for the expansion of the scope of application in practice and exploration,so it is impossible to form a unified national starting standard at present.Secondly,the compensation means and environmental administrative means are in parallel,and the arrangement of starting sequence and starting conditions is in absence,giving room for discretion to the administrative organs,which is not conducive to the supervision of system operation norms and administrative power.Finally,the behavior of administrative organs to start the compensation procedure should be part of the performance of the national responsibility of environmental protection.However,there is no clear obligation in the document,which expressed it as "can file a lawsuit",which caused an absence of supervision to the initiating mechanism of system.This article takes the national environmental protection obligation of the administrative organ——the main body of the system,as a breakthrough point,and proposes that it is not appropriate to use the state ownership of natural resources as the basis for the system.Through the appearance of ownership,we can see the environmental protection obligation of national ownership of natural resources.In order to clarify the problem-solving ideas of the initiating mechanism,the failure of the administrative means——the "administrative order+Agency performance" system when dealing with the ecological environment damage cases should be comprehensively examined.The rationality and necessity of making up for the administrative failure by means of compensation should be analyzed.The positioning of the compensation system for ecological and environmental damage should be reset from the perspective of repositioning.It should be an extension of environmental administration,and play a role when the failure of environmental administration happens.The starting standard should not be limited to the seriousness of the damage to the ecological environment,but should be based on the needs of environmental administration.It can be applied to all cases of damage to the ecological environment,but the starting order is second to administrative means.The system can only be initiated when there is still a need for repair and compensation for permanent and interim damages.To realize this idea,unified arrangements should be made through special legislation,with environmental administration as the yardstick,to expand the scope of application of the system,to limit the compensation items,and to form a linking order between systems.At the same time,a start-up announcement mechanism should be established,and the start-up procedure should be supervised through the existing environmental administrative public interest litigation and environmental civil public interest litigation.