Research On Legal System Of Compensation For Ecological Environment Damage In China

The compensation system of ecological environmental damage is an important system in the construction of ecological civilization and an important measure to carry out environmental protection and ecological restoration in China.The purpose of the construction of ecological environment compensation system is to meet the needs of the damage liability and to repair damage to the environment and ecology,the ecological environmental damage caused by the responsible shall bear the liability for compensation,repair damaged the ecological environment,changes in environmental management in our country has always been the"enterprise" pollution,the victims,the government to pay.In introduced in this paper the development of the theory of ecological compensation research situation at home and abroad on the basis of the interpretation and domestic related regulations,the introduction of the concept of ecological environment damage compensation in our country of origin,with ecology,environmental economics and sustainable development theory as the instruction,damages the rule of law construction of ecology and environment in draw lessons from foreign advanced experience,based on the basic state of ecological civilization construction in our country puts forward some ideas of constructing ecological environmental damage compensation legal system in China.This paper first explains the concept and system background of ecological environmental damage compensation in China.Secondly,it analyzes the existing problems of ecological and environmental damage compensation system in China,including the slow legislation process of ecological and environmental damage compensation system.The scope of the main body of compensation for ecological and environmental damage needs to be expanded.The litigation rules of ecological and environmental damage compensation are not perfect;The consultation mechanism for ecological and environmental damages is not perfect;The appraisal and evaluation mechanism of ecological and environmental damage compensation needs to be improved urgently.There is a lack of socialized compensation mechanism for ecological and environmental damage.Then by reference to the United States,Germany,Japan,Russia four countries ecological environment the advanced legal system of damage compensation,study its advanced,citizens’environmental right is the basis of ecological environment damage compensation claims,according to the public trust theory,the government is the duty of environmental protection,ecological environmental protection of environmental administrative and judicial proceedings,environmental public interest litigation and the ecological environment damages in civil litigation.Finally,the legal system of ecological and environmental damage compensation in China is improved from six aspects,including improving the legal system of environmental damage compensation in China,improving the legislative level,and integrating with the department law of environmental protection law.We should expand the scope of the subjects of compensation for ecological and environmental damage,expand the subjects of the right of compensation for ecological and environmental damage,and increase the subjects of the obligation of compensation for ecological and environmental damage.We will improve the rules of litigation on compensation for ecological and environmental damage,and the mechanism of docking with civil and public interest litigation.Improve the consultation mechanism of ecological and environmental damage compensation system,establish a consultation mechanism suitable for China’s national conditions,and diversify the results of the consultation mechanism;Establish the compensation mechanism for ecological and environmental damage,clarify the basis for the use of compensation for ecological and environmental damage,and refine the system of the use of compensation for ecological and environmental damage;We will establish a socialized compensation mechanism for ecological and environmental damage,with the government,enterprises and the public as the main bodies of the social compensation mechanism,and establish insurance,fund system,green credit and other ways of compensation.