| The construction of ecological and environmental rule of law is an important guarantee for realizing "beautiful China" and promoting the Chinese-style modernization of harmonious coexistence between man and nature.The important content of ecological environmental rule of law construction is to continuously promote and improve the environmental civil public interest litigation system and ecological environmental damage compensation system.The compensation for ecological environmental damage is a kind of monetary form that can fully fill and remedy the ecological environmental damage and the environmental public interest,which has the nature of public welfare,relief and monopoly.The legal issues of compensation for ecological environmental damage focus on the environmental civil public interest litigation system and the responsibility of the ecological environmental damage compensation system,which has indeed become a topic that the theoretical and practical circles must pay attention to.Taking the legislative documents and 146 judgment documents of ecological environmental damage compensation as valid samples,the normative status and judicial pattern of ecological environmental damage compensation are described in detail.Combining with the current situation of China’s norms and judicial patterns,two practical dilemmas of compensation for ecological environmental damage are summarized: first,it is difficult to determine the amount of compensation for ecological environmental damage,which is mainly reflected in the unclear discretionary rules and the imperfect identification and evaluation mechanism of ecological environmental damage;Second,the implementation effect of compensation for ecological environmental damage is not good,which is mainly reflected in the non-standard application of installment compensation,the unclear applicable rules of labor compensation,the lack of socialization mechanism of ecological environmental damage liability and the inconsistent management mechanism of ecological environmental damage compensation.Based on the analysis of the realistic dilemma,this paper puts forward the countermeasures to resolve the realistic dilemma of the compensation for ecological environment damage.It is suggested to optimize the way of determining the amount of compensation for ecological environmental damage from the aspects of perfecting the discretionary rules and perfecting the identification and evaluation mechanism of ecological environmental damage.It is suggested to make clear the applicable rules of installment compensation and labor compensation,improve the mechanism of environmental pollution liability insurance and establish the public welfare trust of ecological environmental damage compensation,so as to effectively improve the implementation effect of ecological environmental damage compensation. |
