Research On The Perfection Of Compensation System For Ecological Environment Damage

The early understanding of ecological environment damage in China originates from the threat of private benefits.With the emergence of "ecological interest centralism",the independent protection of environmental interests has become an increasingly important research topic,such as expanding environmental infringement,strengthening administrative punishment functions and establishing social relief ways and ecological compensation models.Due to the inherent functional defects of the above-mentioned system,the "enterprise polluting,people suffering,government paying" dilemma can not be broken.In this context "the Eco-environmental Damage Compensation System Reform Plan" released.The plan preliminarily clarified the concept of ecological damage,the scope of claims,the right holder,the obligor and the process,but there are still many unclear details of the specific rules of damage compensation,such as the principle of liability,damage identification and other elements.Responsibility commitment methods such as standards and repair methods have led to the ambiguity of the function positioning of the system,which is inconsistent with the public interest litigation system,and also exposes the current misalignment of administrative power and judicial power in public management affairs.The structure of this paper is divided into five chapters.The first chapter introduces the content of the ecological environment damage and the system.Human beings’ understanding of ecological environment damage has changed from being a medium to having independent value.The compensation system for ecological environment damage has no clear legal norms in China.The policy has only established the prototype of the system.The second chapter discusses theoretical basis of the system.The "ecological interest centralism" ethical concept requires that people and nature should establish a harmonious and unified relationship.The environmental right theory proposes the right containing multiple capabilities such as use,awareness,participation and protection,so that citizens and society organizations and other entities involved in ecological damage relief have right basis.The legal interests theory defines legal interest from the objective aspects of human survival and development,and establishes the protection of environmental benefits of "de-personalization".The third chapter discusses the function positioning and rules of the system.Relief methods,punishment and damage compensation are insufficient while damage compensation rules are imperfect.The system should focus on filling in the damage and responsible person.Ecological damage behavior,no fault and causality are the constituent elements.Clarify the relationship between"quality" and "quantity" of damage identification,and discriminate between illegal behavior and ecological damage behavior.Responsibility commitment should be centered on restoring,and the obligors should perform in the order of repair,alternative repair and payment recovery.The fourth chapter studies the connection between the system and the judicial process.Firstly demonstrate the legal nature of consultation and compensation agreements,combine the subject theory and the methodology,and consider it to be a negotiated administrative act and an administrative contract;and then analyze that administrative power should lead relief and judicial power should supervise administration.Therefore,it is necessary to reshape the compensation system for ecological environmental damage dominated by judicial power.It is clear that the consultation should precede litigation and the civil litigation should be changed into administrative reconsideration and administrative litigation.Based on the analysis of the second,third and fourth chapters,the fifth chapter comprehensively proposes advice.The theoretical basis include environmental rights and legal interests.When the basic status of environmental right has not been established,the environmental law benefits should be explicitly incorporated into the independent legislation on ecological damage.The system shall improve the damage compensation rules,clarify the responsibility for restitution,and determine the legal nature of the consultation and compensation agreements.The judicial procedure can be connected through consultation.The order of administrative organs,the supervision of procuratorate and the supplementary role of social organizations can be established.