Research On Compensation System For Damage In Environmental Public Interest

Environmental public interest litigation is an important means of environmental protection.Compensation for environmental damage is one of the most important remedies.China’s environmental public interest litigation damages system does not have a complete system,can not meet the needs of public interest litigation,but also can not meet the needs of national construction of ecological civilization.Therefore,it is imperative to establish and improve the compensation system for damage in environmental public interest litigation.Compensation for damage in environmental public interest litigation refers to that when the natural environment is polluted or destroyed,the subject who damages the environment is ordered to convert the expenditure and expected expenditure needed to destroy the environment into money and take currency as its manifestation.The existing laws and regulations on compensation for environmental damage are quite poor and can not fully adapt to today’s social development.In practice,the court has no clear legal basis to support the application scope and compensation standard of damages in environmental public interest litigation.In addition,as a kind of fund with public welfare nature,there is no clear regulation on who should supervise and administer compensation for environmental damage."Know your friends and know your enemies,and never die in a hundred wars." Foreign legislation on environmental public interest litigation is earlier,and there is a relatively perfect legal system for damages.Among them,the more distinctive is to use environmental damages to establish funds and establish environmental liability insurance system.In order to solve the existing problem of damages in environmental public interest litigation in China,feasible solutions are put forward.Firstly,we should clarify the compensation standard and application scope of damages,incorporate the cost of post-monitoring and appraisal of environmental damage,and establish a perfect punitive compensation system,so as to deter and deter the subjects responsible for environmental damage while punishing them.He wants to reduce the damage to the environment by destroying the people who benefit from the environment so that they are compelled bythe high cost of damage.Secondly,he wants to improve the environmental liability insurance system and establish and improve the environmental public welfare fund system,which means that the compensation for environmental damage is placed in a specific place and used,managed and supervised by a special person,so that the fund can play its role more effectively.Thirdly,he wants to establish an environmental protection organization.Mainly,the government,administrative agencies,public opinion media and citizens participate in the diversified supervision mechanism to ensure the exclusive use of damages in environmental public interest litigation.