Research On Government Claims For Ecological Damages

The Reform Program of Ecological and Environmental Damage Compensation System introduced in 2017 gives provincial and municipal governments the right to claim ecological and environmental damage,solving the problem of the lack of public interest damage claim subjects and resolving the problem of "tragedy of the commons.However,the exercise of the government’s right to claim compensation still reflects many problems,and it is worthwhile to reflect on them from the theoretical and practical aspects.With the successive introduction and implementation of the Reform Programme to the Civil Code,the legal framework for the government’s ability to demand compensation has been established.Simultaneously,the thesis sorts out the relationship between the government’s claim right and its administrative law enforcement right,and the two have been found to be different.However,the theory of natural resource ownership is contentious.Additionally,the functional flaws of the government’s right of claim are obvious,with the inadequate preventative remedy for environmental damage and poor implementation of its tasks.A further concern is the possibility of a misalignment as a result of the combination of claim and administrative enforcement rights.This thesis examines the contents and methods of foreign ecological and environmental damage relief systems,and concludes that the America,the European,placing a premium on the administrative mechanism’s leading role.The government’s combination of claiming and administrative enforcement powers may lead to the risk of misalignment between claiming and enforcement powers.In America and the European,we found that they have built a multifaceted system of claimants and paid more attention to the leading role of administrative mechanism.In the end,while drawing on overseas experience,we propose suggestions for improvement in the light of the actual situation in China.On the basis of clarifying the theoretical basis and legal nature of the government’s right to claim,and focusing on its function,and based on whether it causes the loss of ecological and environmental service functions,the government’s right to claim and the administrative enforcement power should be distinguished.