Research On The Legal System Of Supervision Of Ecological And Environmental Damage Compensation Funds In China

The 20th Party Congress report proposes to promote the great rejuvenation of the Chinese nation with Chinese-style modernization and to promote environmental pollution prevention and control in depth,once again making ecological and environmental governance an important part of the Party’s work in the new era and new journey.2022 The issuance of the Regulations on the Management of Ecological and Environmental Damage Compensation marks a new step in the reform of China’s ecological and environmental damage compensation system.With the reform of China’s ecological and environmental damage compensation system being pushed out nationwide,issues related to ecological and environmental damage compensation funds have gradually attracted widespread attention.The implementation of the Measures for the Management of Ecological and Environmental Damage Compensation Funds(for Trial Implementation)in 2020 clarified the basic concept of ecological and environmental damage compensation funds and became a direct basis for the supervision of ecological and environmental damage compensation funds.Ecological environmental damage compensation funds arise from China’s ecological environmental damage compensation system.Because of its financial attributes,huge amount,complex situations involved,comprehensive and other special features,it makes how to supervise ecological environmental damage compensation funds an important issue in the study of ecological environmental damage compensation system.The first part of the article explores some basic concepts of the regulation of ecological and environmental damage compensation funds in China.First,the basic concepts of China’s ecological and environmental damage compensation system are briefly elaborated,and the overall institutional background of the study of the legal system for the regulation of ecological and environmental damage compensation funds in China is clarified.Secondly,the basic concepts of ecological and environmental damage compensation funds and their legal nature are discussed,and the special characteristics of ecological and environmental damage compensation funds are analyzed.Finally,the legal system for the supervision of ecological and environmental damage compensation funds in China is outlined.The second part of the article firstly composes the legislative system of supervision of ecological and environmental damage compensation funds at the central and local levels in China from the normative level.Secondly,combining with judicial practice,we have sorted out the specific provisions of China’s legal system of ecological and environmental damage compensation funds supervision from three aspects,such as the main body of ecological and environmental damage compensation funds supervision and its authority and responsibility,the main body of funds use and its authority and responsibility,and the way of funds supervision.Finally,it summarizes the four problems in China’s ecological and environmental damage compensation funds regulatory system,such as the imperfect regulatory legislative system,imperfect regulations of regulatory subjects and their authority and duties,imperfect regulations of fund using subjects and their authority and duties,and the lack of specific regulations of budget performance management in the whole process of fund implementation.The third part of the article introduces the legislative experience of the United States,Germany,Japan in aspects related to the regulation of ecological and environmental damage compensation funds.Through understanding and learning from the practical experience of the current legislation in these regions,we gain insights and hope to provide reference for the improvement of the corresponding system in China.The fourth part of the article proposes four suggestions to improve the problems raised in the second part of the article,combining the practice of ecological and environmental damage compensation funds supervision in China and international experience.Firstly,improve the legislative system for the supervision of ecological and environmental damage compensation funds,improve the basis of the superior law for fund supervision,clarify the basic principles of fund supervision,and revise the fund management methods;secondly,improve the provisions of the main body of ecological and environmental damage compensation funds and its authority,strengthen the supervision responsibilities of the financial department,increase the supervision subjects and clarify the auxiliary supervision responsibilities;Thirdly,improve the regulations on the use of ecological and environmental damage compensation funds and the responsibilities of the authority,clarify the main body of the use of funds,delineate the scope of use of funds,and standardize the procedures for the use of funds;Finally,improve the specific regulations for the implementation of the whole process of budget performance management of ecological and environmental damage compensation funds,develop management methods for performance evaluation of ecological and environmental damage compensation funds,and scientifically design core performance indicators and standard systems.