Legislative Study Of The Regulations On Compensation For Ecological And Environmental Damage In Guizhou Province

Ecological environment damage compensation is a system to protect the people’s environmental rights and interests,is an important guarantee for in-depth pollution prevention and control,the system through scientific means to quantify the damage suffered by the ecological environment,the relevant functional departments according to the quantitative damage results,let the "polluter pay",bear the corresponding environmental tort liability.For China’s ecological civilization construction,the ecological environment damage compensation system is an important part of it,which not only accelerates the pace of regional ecological construction,but also raises the construction of ecological civilization to a new height.In April 2016,the State Council approved the pilot reform of ecological and environmental damage compensation in some provinces and cities,and a total of seven pilot areas have been identified nationwide.As one of the first pilot areas of ecological civilization in China,Guizhou took the lead in initiating the work of compensation for ecological environmental damages,deeply practicing compensation for ecological and environmental damages,and exploring diversified ways of bearing responsibility through on-site investigation,appraisal and assessment,restoration supervision and other links,and many cases were also listed as typical cases by the Supreme People’s Court.Therefore,Guizhou has rich experience and a benign legislative foundation,the formulation of the Regulations on Compensation for Ecological and Environmental Damage in Guizhou Province(hereinafter referred to as the "Regulations")is of great practical significance to both Guizhou’s environmental governance and the construction of ecological civilization in the whole country.This article is mainly divided into five parts.The first part is an introduction,which mainly elaborates from the research background,research significance,research status,research methods,innovations and shortcomings of ecological environment damage compensation.The second part introduces the basic connotation,theoretical basis and legalization process of ecological environment damage compensation.The third part is to elaborate on the necessity of the Regulations,and sort out the necessity of formulating the Regulations from the perspectives of the State and Guizhou Province.The fourth part is the feasibility of formulating the Regulations,summarizing the practices at the national,other provincial and Guizhou provincial levels,and explaining the feasibility of the formulation of the Regulations.The last part puts forward the legislative concept of the Regulations and provides suggestions for the legislation of compensation for ecological and environmental damages.