Determination Of The Amount Of Compensation For Damage To The Marine Ecological Environment

With the increase in people’s activities of marine development and utilization,marine pollution compensation cases have also increased significantly.However,due to the complexity of cases of damage to the marine ecological environment,from the perspective of judicial practice,there are still difficulties in determining the amount of damages.Therefore,this paper explores how to make the determination of compensation for damage to the marine ecological environment more scientific and reasonable,so that the damaged marine ecological interests can obtain more timely and effective relief.This article is divided into four parts: The first part is an overview of the determination of the amount of compensation for damage to the marine ecological environment.The first is to explore the connotation of marine ecological environment damage,and secondly,the connotation of determining the amount of compensation for marine ecological environment damage is studied from the definition of connotation,theoretical basis and institutional basis.The second part is to study the current situation of determining the amount.This paper summarizes three types of judges’ comprehensive include adoption of expert evaluation opinions,appropriate adjustments based on expert evaluation opinions,and based on discretion.Then,it studies the scope of compensation and quantitative methods in practice.The third part analyzes the dilemma of determining the amount.The dilemma is explored through the provisions on the scope of compensation,the criteria for evaluation and quantification,the management of appraisal institutions,the review of appraisal opinions,and the discretion of judges.The fourth part is to study the normative approach for determining the amount.Suggestions are proposed to clarify the scope of compensation,improve damage assessment standards,improve the marine ecological environment damage identification system,improve the review of judicial identification,and strengthen the role of case guidance.