Research On The Legal System Of Compensation For Ecological Environment Damage

With the steady advancement of China’s economy,while meeting the needs of economic development,ecological and environmental issues are increasingly valued by people.At present,the ecological and environmental situation in China is not optimistic.The risk of ecological imbalance caused by environmental pollution and ecological damage in China has increased,and the ecological and environmental problems are serious.Nowadays,the reform of the compensation system for ecological and environmental damage in China is still in the development stage.The Compensation System for Ecological and Environmental Damage(abbreviation: EED Compensation System),as an important part of the construction of an ecological civilization system,is an indispensable cornerstone for China to achieve a major development strategy of “carbon neutrality and emission peak”.This paper will start with the fundamental theories of the EED compensation in China.Then it will analyze the current implementation status and legal dilemma of the EED Compensation System in China through the latest data,cases and extraterritorial experience.Finally,this paper will make suggestions for improving China’s EED Compensation System.First of all,the fundamental theories of the EED compensation are studied in this paper.The theories are analyzed through the concepts and characteristics of the ecological and environmental damages(EED),the concepts and characteristics of the EED compensation,and the theoretical basis of the three kinds of the EED compensation.Secondly,this paper analyzes the implementation status of the EED Compensation System in China.Starting from the current legislative status and practice status,the current legal system of the EED in China is introduced.It will systematically analyze the actual operation of the EED Compensation System in China.Thirdly,it analyzes the legal dilemma of the EED compensation in China.By putting forward four problems in China’s current EED Compensation System including immature relevant laws,incomplete dispute resolution mechanism,imperfect government claim mechanism and non-standard compensation fund management mode,we can find out the causes of the problems in order to improve China’s EED Compensation System in the following-up discussion.Then,it draws lessons from the experience of extraterritorial EED Compensation System.Through the study of the legislative status,relevant situation in practice and legal system of the EED Compensation System in the EU and the United States,this paper explores the successful experience and provides enlightenment for the improvement of China’s EED Compensation System.Finally,it puts forward suggestions to improve China’s EED Compensation System.First,the relevant legislation of China’s EED Compensation System should be improved,and the system of special laws should be formulated.Second,we could improve the dispute settlement mechanism of the EED Compensation System by introducing the arbitration procedure into it,in order to leverage the advantages of arbitration.Third,the government claim mechanism for ecological environment damage should be improved through establishing the administrative accountability and supervision mechanism as well as building a unified claim mechanism of multiple departments.Fourth,we could standardize the fund management of the EED compensation and improve the fund security system by constructing the compensation management mode and the compensation operation service organization.