Research On The Legal System Of Ecological Damage Compensation Fund Guarantee

Green water and green mountain is gold and silver mountain,environmental productivity has become the key driving force of the comprehensive transformation and upgrading of modern society.In the current environment of the rule of law in China and in the context of ecological civilization construction,the development of productivity development in not only present increasing the green environment and the implementation of the citizens’ ecological well-being,but also in perfect ecological environment protection and the legal system of compensation for damage relief,and build the systematic ecological compensation fund security system.Construction of "ecological beauty of Chinese",is not only need to perfect our country’s economic and social development from system level,we also need to optimize and improve the ecological protection as the core of ecological construction of legal system,and establish a scientific view of ecology in governing justice.Improve the ecological compensation legal system design,not only need to from the perspective of the compensation mechanism and compensation procedures such as internal system,more needs to be based on the global ecological system with capital protection to construct the systematic overall funding the system.At present,the construction of ecological compensation system in our country has entered the national pilot stage,play the "combination" ecological civilization system reform,the implementation of the principle of "environmental negotiable,damage compensation,must from the macro level of ecological compensation system,environmental public interest litigation,ecological restoration and environment management system of ecological engineering to plan as a whole fund arrangement,build a powerful BaoZhangLi funds safeguard system.This paper funding for the study of the system of the starting point,standing on the "giant"related theoretical research and practical experience of the shoulder,from the capital source channel,use,management,supervision and so on several big profile,systematic analysis of the different parts of the pilot scheme and its practice in China,and under the guide of ecological concept of justice and principle of profit loss responsibility,analyzing ecological damage related funds abroad experience,which thus put forward the multiple channels of funds,suitable scientific procedures,strict supervision mechanism and of potent and protective system.The main content of the thesis consists of five parts:The first part is the introduction.The content of this part is the reason and significance of this thesis.The second is the summary of domestic and international studies on the current basis of the compensation fund for ecological damage.Finally,the paper discusses the main academic methods used in the research process,as well as the innovation points and shortcomings of the paper.The second part is the basic theory of ecological damage compensation.The clear concept and boundary have set the tone of the whole thesis research,and the accurate and abundant value theory has laid a solid foundation for the research of the thesis.In this part,the concept of ecological damage compensation is firstly defined scientifically,and the research tone of ecological damage compensation is clarified.Secondly,the connotation boundary of ecological damage compensation is clarified through relevant concepts,so as to avoid the possible intersection and confusion in the thesis.Finally,the ecological compensation fund security system of the ecological justice,ecological law benefit in academic value,profit loss responsibility principles are deeply clarified,which decided the logical starting point of the thesis research and value orientation.The third part is the practice exploration of the construction of ecological damage compensation and fund guarantee system in China.Ecological rule-of-law process started relatively late in our country,the paper from the system of legislation,trial practice to explore three aspects in our country to carry out the practice status of ecological compensation fund security system,with the help of the related research methods are pointed out our country present stage funds safeguard system objective predicament host law is absent,the lack of security mechanism,etc.The fourth part is the overseas study of the protection system of ecological damage compensation.the part of this paper selected the United States,Germany,Japan as study destination countries,through the methods of literature review,the super fund to the United States,Germany,compulsory liability insurance and the Japanese public nuisance health compensation fund and related ecological compensation fund security system carried on the thorough analysis and reference,take its essence to its defects,based on the ecology of the rule of law in our country has carried on the selective reference to relevant foreign experience.The fifth part is the construction part of the systematic fund guarantee system.Analysis through the study of the above four parts,in view of the ecological compensation practice objective existence predicament of funds,the paper use from the four aspects of source of funds,funds using,the management of fund supervision and related supporting system construction for ecological compensation system and environmental public interest litigation in China:,building damages,fund,insurance and security diversity channel,powerful source of funding system,clear funds use range and the main body,perfect the compensation start conditions,establishing hierarchical supervision and examination and approval mechanism and transparent capital management supervision mechanism,and improve the ecological damage assessment identification,damage compensation consultation and other supporting system construction.