Research On The Relationship Between The Application Of The Law Enforcement Power And The Right To Claim Compensation Of Administrative Organs In Ecological Environment Damage

Ecological environment damage is different from traditional personal injury and property loss,and refers to the damage to the ecological environment itself.For a long time,China’s environmental rule of law has been facing the systemic problem of "insufficient legislation,ineffective law enforcement,and judicial weakness",which cannot meet the urgent practical needs of ecological civilization construction,therefore it is urgent to carry out rule of law transformation and institutional innovation.The damage compensation system is representative of this.Compensation system realizes the filling and relief of damaged ecological environment through new empowerment(right to claim)and increasing capacity(administrative consultation mechanism)for administrative organs.A review of China’s laws shows that the ecological environment damage compensation system coincide with China’s traditional environmental administrative law enforcement methods,and in this sense,a certain act of polluting the environment and destroying the ecology may fall into the regulatory scope of the two systems at the same time,and then form a "conflict" between them.According to the principle of administrative law,administrative functions and powers are non-disposable,and administrative entities must not freely dispose of their administrative functions and powers,but must exercise them in accordance with law.However,in judicial practice,there are situations where administrative organs skip their law enforcement methods and directly file claims and lawsuits,which disrupts the reasonable division of labor between administrative power and judicial power in China’s legal order.Therefore,it is necessary to improve the application relationship between the law enforcement power of administrative organs and the right to claim compensation in ecological environmental damage.In the field of ecological and environmental damage relief,there are three reasons for the conflict between the law enforcement power of administrative organs and the application of claim rights:Firstly,the legal nature of the administrative organs’ right to claim is not clear.Our legislators tend to interpret this claim within the framework of private law,understanding consultation and litigation as institutional tools for achieving national ownership(private rights)of natural resources.Chinese scholars have also started fierce debates,mainly forming three views:the theory of private rights of government claims,the theory of public rights and the theory of "mixed nature".Secondly,the deviation in the understanding of the system of countries outside the region affects the reference effect of this system.Thirdly,in China’s current institutional framework,there is a lack of legal norms that coordinate the relationship between them.In order to comprehensively explain the jurisprudence of this system,it is more appropriate for the national environmental protection obligation formed based on the"national target clause" of China’s Constitution as the basis for the claim right of administrative organs.For this reason,compensation litigation is a "law enforcement litigation" disguised as civil litigation,and damage compensation consultation is a consultative administrative act conducted by administrative organs in order to achieve the public interest of the environment,and then adopt the method of equal consultation in the field of civil and private law.In the field of ecological and environmental damage relief,in addition to traditional administrative law enforcement methods,administrative consultation mechanisms and compensation litigation,there is also an environmental public interest litigation system initiated by social organizations and procuratorial organs.China has formed a public law remedy model led by administrative power and a private law remedy model dominated by judicial power.Both public and private law remedies have their own advantages and shortcomings,and relying on or preferring certain types of relief models alone cannot respond comprehensively to ecological and environmental damage.Therefore,the cooperation between public and private law to manage the ecological environment has become an inevitable choice,and it is more appropriate to form a "progressive constraint"relationship.After clarifying the "progressive constraint" relationship between public and private law relief mechanisms in ecological environment damage.it is necessary to use the principle of legal order unity and systematic thinking from the perspective of public and private law integration to clarify the application relationship between administrative law enforcement(administrative punishment,administrative order,administative compulsion,administrative consultation)and compensation litigation,so as to avoid a break between China’s multiple relief systems for ecological environment damage.Because administrative organs have a special position in realizing national environmental protection obligations because of their professionalism and initiative,the traditional administrative law enforcement methods.administrative consultation mechanisms.and ecological and compensation litigation led by them,should take precedence over the environmental civil public interest litigation system.Although China’s compensation litigation is an extension of administrative law enforcement,it still requires judicial means to fill and remedy ecological environmental damage.Therefore.combined with the theoretical legitimacy and practical feasibility of "administrative law enforcement first",China should establish the institutional framework of "administrative law enforcement first,judicial compensation to the bottom" and "compensation litigation over environmental civil public interest litigation",clarify the scope of application of administrative organs’ right to claim,and take "exhaustion of administrative law enforcement means" as its precondition.At the same time,in order to prevent the occurrence of ineffective environmental regulation such as inaction,slow action,and indiscriminate action of administrative organs,it is necessary to promote the internal supervision of administrative organs and the environmental administrative public interest litigation system to promote their performance of duties in accordance with the law.