Research On The Claimants Qualified For Compensation Of Eco-Enviromental Damage In China Under The Perspective Of Construction Of The Rule Of Law Government

After the reform and opening up,the concept of " The only GDP theory " has led to the exposure of many eco-environmental problems in China in a short period of 20 to 30 years.The State attaches great importance to the increasingly severe eco-environmental problems.In order to strengthen the prevention,treatment and protection of the eco-environment,in 2015,the State Council authorized the provincial governments to be the claimants of the compensation for eco-environmental damage and launched a pilot eco-environmental damage compensation system in seven provinces.In 2017,the scope of the claimants of the compensation for eco-environmental damage was extended to the governments at the municipal(prefectural)level,and such system was implemented on a trial basis nationwide from 2018.After several years of trial implementation,remarkable effects have been achieved.However,due to the short period of trial implementation,the exploratory progress of the system,significant divergence in opinions regarding theories and the existing regulations and the urgent need for improvement,etc.,the claimants of the compensation for eco-environmental damage,as the core of the system,has gradually revealed many problems.For example,the existing rights of our government as the claimants of the compensation for eco-environmental damage are not appropriate,the right of action of the government to file eco-environmental damage compensation lawsuits violates the principle of legal reservations,the government’s corresponding supervision and accountability mechanisms are imperfect,and the scope of claimants of ecoenvironmental damage compensation is too narrow,etc.In recent years,the construction of the rule of law government in China has risen to a whole new level,and the government carry out the work of claiming for eco-environmental damage is also a performance of its corresponding governmental functions.Therefore,under the background of the construction of the rule of law government and ecological civilization,this research,with the theoretical support of the state’s obligation to protect the environment,in the light of the above-mentioned problems,targeted suggestions shall be put forward in such aspects as the source of our government’s rights as the claimants of the compensation for eco-environmental damage,clarifying our government’s role as the claimants of the compensation for eco-environmental damage from the legal level,the improvement of the corresponding supervision and accountability mechanisms,the expansion of the scope of claimants of the compensation for eco-environmental damage and so on,are proposed to help the implementation of the system of compensation of eco-environmental damage and promote the construction of ecological civilization.