Research On The Legal Definition Of Ecology Damage

Concepts are the necessary tools for solving problems.There is no specific concept defined,and we cannot think clearly and rationally.Although there are 12 laws,7 administrative regulations,114 department regulations,4 judicial solutions,and 6515 regulatory documents mentioned in the current law of China,"ecology damage" or related words are mentioned.However,there is no clear definition of its connotation.The academic community generally refers to " ecology damage " as "environmental damage," but each has its own definition of its specific connotation.In addition,there is a lack of clear guidelines in judicial practice,which causes confusion in application.Therefore,this article attempts to define "ecology damage" in law.In the field of illegal learning science,ecology refers to the living conditions of all living beings in nature,and the close relationship between them and their surroundings,ecology damage refers to the phenomenon of damage to biological and biological relationships and the relationship between biological and natural environments caused by unreasonable human development and utilization of resources.China’s Environmental Protection Law(Trial)of 1979,for the first time,included the term " ecology damage " in legal provisions.On the one hand,as far as legislation is concerned,more attention is paid to the destruction of natural resources in ancient China.This is inseparable from the ancient efforts to ensure the sustainable use of natural resources.Although it is far from the concept of modern sustainable development,Some of its simple and sustainable ideas have continued to the modern era and provided the ideological foundation for modern concepts of sustainable development.In the current legislation,although the concept of environmental pollution and ecological damage separate statements,but did not make a specific distinction provisions,which seriously hampered the judicial practice of ecological damage related provisions apply.Through analysis of the purpose and meaning of the relevant legislation of ecological damage,the basic performance can be summarized as:watershed destruction,land destruction,grassland vegetation destruction,sea damage,etc.Its causes include mining,dangerous chemicals,solid waste,etc.Most of their infringement rights are in the public interest or sometimes accompanied by personal interests.On the other hand,in the judicial practice,the concept of ecology damage is relatively fragmented,there is no complete system,the types of destruction are various,and there is no concrete and clear definition of the same,so when solving related cases,some will take it as The nature of the property damage compensation dispute case is handled,or it is rejected without a legal basis,and there are situations in which it is treated as an environmental pollution act to apply the law,resulting in a situation where similar behavior may assume different responsibilities.These issues arising from judicial practice also provide practical support for the legal definition and effective application of ecology damage.The legal community’s definition of ecology damage can be broadly divided into demanding natural resources theory and Environmental pollution conversion theory.At present,most scholars in the academic community support the former and believe that the cause and behavior of ecology damage is the excessive demand of human beings to the environment.Under the previous doctrine,some scholars believe that the object of ecology damage is only the natural environment,and some scholars are more inclined to ecology damage,including the destruction of the natural environment and the destruction of the living environment.In the latter theory,only a few scholars mentioned that ecology damage is not only because humans develop or obtain natural materials and energy excessively or unreasonably,but also can cause ecological damage because of simultaneous transformation of environmental pollution behavior.Although many scholars have clarified the ecology damage,they have failed to give a comprehensive and systematic definition of the concept.Therefore,scholars in the academic world have insufficient opinions.This article believes that the causes of ecological damage must include behaviors resulting from the transformation of environmental pollution,and not only damage to the natural environment,but also damage to the living environment and damage to human interests.Through the semantic examination of" ecology damage " in the theoretical and practical circles,this paper believes that ecology damage refers to the phenomenon of direct or indirect damage to ecosystems or the risk of damage.In addition,based on this definition,it also analyzes the relationship between its characteristics,types,and environmental pollution and ecological environment damage.The life of the law does not lie in logic,and the value defined by the concept of law should not stop at the theoretical level.Its specific application is of vital importance.After defining the ecological damage,this paper tries to propose suggestions for the improvement of the briefs in judicial practice,proposes the establishment of" Dispute over ecological damage liability" as the third-level brief.Under it,"(1)Disputes over the Destruction of Land Resources","(2)Disputes over the Destruction of Water Resources","(3)Responsibility Disputes over the Destruction of Mineral Resources","(4)Responsibility Disputes over the Destruction of Forest and Grassland Vegetation Resources","(5)Disputes over liability for disruption of marine resources","(6)Responsibility disputes over destruction of fishery resources","(7)Disputes over liability for destruction of biodiversity","(8)Responsibility disputes over the destruction of scenic spots and cultural monuments" As a fourth-level brief,with a view to provide some reference for the application of ecology damage in the judiciary.