Research On The Claim Subjects Of Ecological Environmental Damage Compensation In China

China’s ecological and environmental damage compensation system is a new type of system that strictly implements the responsibility for ecological and environmental damage compensation and fully relieves ecological and environmental interests.In this system,the issue of claim subjects is particularly important.The study of the claim subject of ecological environmental damage compensation is not only about the why of the claim subject,but also about the how of the claim subject.Specifically,the former corresponds to the question of the legitimacy of the claimant to carry out ecological and environmental damage compensation,while the latter corresponds to the feasibility of the claimant to carry out ecological and environmental damage compensation.Only by accurately answering the above questions can we dispel the doubts faced by the claimants and find a corresponding strategy for the improvement of the claimants of ecological and environmental damage compensation in China.Based on this,this paper first defines the core concepts under discussion and clarifies the scope of the discussion.Then,we analyze the why of the main body of the claim,mainly from three aspects of justification,reasonableness and necessity.On the basis of clarifying the why of the claim subject,we examine the problems of the claim subject through typical cases,and finally propose the way to improve the claim subject and answer the "how" of the claim subject.Specifically,the paper is divided into the following four parts.In the first part,the basic definition of the main body of claim for compensation for ecological and environmental damages in China is given.Firstly,it clarifies the basic concepts of "ecological and environmental damage compensation" and "claim subjects",specifies that ecological and environmental damage is the disbenefit suffered by the ecological environment itself,and determines the scope of claim subjects according to the law and policy texts;secondly,it clarifies the role of claim subjects in Finally,we summarize the essential characteristics of the claimant subjects so as to compare them with other subjects.In the second part,we discuss the eligibility of the claimants for compensation for ecological and environmental damage in China from three aspects:legitimacy,reasonableness and feasibility.Firstly,in terms of legitimacy,the existing theoretical bases of claim subjects are sorted out,and it is proposed that the theoretical bases of different claim subjects should be explored;secondly,in terms of reasonableness,the advantages of claim subjects compared with other related subjects are analyzed,including subject advantages,professional advantages and cost advantages,so as to explain the reasonableness of ecological and environmental damage compensation by claim subjects;finally,in terms of feasibility,the essential characteristics of claim subjects are reviewed.Finally,in terms of feasibility,the original purpose of setting up the ecological and environmental damage compensation system in China is retraced,and it is clarified that the purpose of setting up claim subjects is to fill the gap of the absence of claim subjects after the damage of state-owned natural resources.In the third part,the claim subjects are placed at the practice level and their problems are examined.Firstly,the typical cases in practice are used as a starting point to examine the problems of the claim subjects in specific cases;secondly,one of the problems of the claim subjects is summarized as "the mixing of the claim subjects and the supervisory subjects" and the reasons for the problems are analyzed;finally,the second problem of the claim subjects is summarized as Finally,the second problem of claim subjects is summarized as "the conflict between claim subjects and related subjects",which is mainly the conflict between ecological and environmental damage compensation lawsuits filed by claim subjects and environmental public interest lawsuits filed by social organizations and procuratorial organs,and analyzes the reasons for the conflict and the shortcomings of the existing conflict resolution methods.In the fourth part,we propose a perfect way to improve the issue of ecological and environmental damage compensation claim subjects in China.Firstly,we refer to the regulations on claim subjects of foreign countries,and select the United States,the European Union and its member states,and Russia as reference samples respectively,so as to provide experience for the improvement of claim subjects of ecological environmental damage compensation in China.Finally,in contrast to the second issue mentioned above,we propose a mechanism to connect the claimants with social organizations and procuratorial organs.On the one hand,social organizations and procuratorial organs should be included in the scope of claim subjects,while on the other hand,the subordinate relationship between different claim subjects should be established to construct a dominant-supplementary-supervisory division of labor among multiple claim subjects.Among them,administrative organs are the first subordinate subjects,social organizations are supplementary participant subjects,and procuratorial organs are supervisory participant subjects.