Research On The Legal System For The Management And Use Of Compensation For Ecological And Environmental Damages

The ecological environment damage compensation system has been implemented in China for several years,providing a new path for solving the problem of ecological environment damage.Since the implementation of the system,China has generated a huge amount of ecological environment damage compensation,but due to various reasons,the ecological environment damage compensation has not been fully used for the treatment and restoration of the damaged environment,and the compensation has not realized its due value.As an important result of the implementation of the ecological environment damage compensation system,the management and use of ecological environment damage compensation is directly related to the degree and effect of the original intention of the design of the "ecological environment restoration" system.Improving the legal system on the management and use of compensation is not only conducive to implementing the principle of "responsibility for damages" and ensuring that the "special funds" of ecological and environmental damage compensation are realized,but also helps to ensure the realization of the "ecological environment damage compensation system",so as to achieve the results of environmental restoration and protection and promote the construction of ecological civilization in China.At present,China’s regulations on the management and use of ecological environment damage compensation funds are quite lacking,and the construction of relevant regulations and systems still needs to be improved.For example,in the management and use of ecological and environmental damage compensation funds,the legislative provisions are too general and inconsistent in local regulations,the courts have decided on different directions in the judiciary,and in practice,the flow of funds for ecological and environmental damage compensation funds is different,and the management mode is "separate in its own way";In the use of compensation,the utilization rate of compensation is low,and the provisions on the subject of use and procedures are not perfect;In the supervision of the management and use of ecological and environmental damage compensation funds,there is a lack of relevant supervision mechanisms and a lack of public participation.Therefore,to improve the legal system for the management and use of ecological and environmental damages,we should first issue relevant normative documents to unify and refine the provisions of relevant laws and documents;Secondly,it can innovatively manage ecological and environmental damage compensation and environmental public interest litigation funds,uniformly apply the foundation management model,and have special public welfare foundations uniformly manage the compensation funds,and at the same time enrich the channels of funding sources;Thirdly,in the use of ecological and environmental damage compensation,we can try to explore the construction of project library to achieve the high-quality and efficient use of compensation,broaden the use of compensation,and determine the subject of compensation;Finally,improve the supervision mechanism related to the management and use of ecological environment damage compensation.The premise of supervision is the disclosure of relevant information,and an information disclosure mechanism for the management of compensation should be established.At the same time,it is necessary to refine the supervision responsibilities,determine the supervision responsibilities of specialized entities,and enhance operability.In addition,it is also necessary to introduce public supervision to ensure that the public participates in the whole process of supervision of the management and use of ecological and environmental damages.