Research On The Problems And Countermeasures Of Compensation System For Environmental Damage

The emergence of compensation system for damage to environment has opened up a new way for the current situation of environmental treatment of "enterprise pollution and government paying",and has implemented the principle of "bearing the responsibility for damage",which plays an important role in the protection of ecological environment in China.However,there are still some problems in the compensation system of environmental damage,including the basis of claim right of compensation for the right holder,the principle of liability fixation of damage determination,the relationship between the government’s claim right of damage and administrative law enforcement,and the relationship between the system and environmental civil public interest litigation.This paper is based on this research.To study the premise of the problems in the system of compensation for environmental damage,it is necessary to clarify the differences between the environmental damage and other related concepts,based on the understanding of the current legislation and practice of the system of compensation for environmental damage.With the help of Japan’s public nuisance relief system,the United States’ natural resources damage compensation system and the European Union’s environmental liability directive on prevention and remediation of environmental damage,this paper enlightens the solution of the existing problems in China’s environmental damage compensation system.In this part,the author puts forward some suggestions to improve the system of compensation for environmental damage.First of all,the basis for the right of compensation of the right holder should be derived from "the state’s obligation to protect the environment and natural resources owned by the state".At present,the government relief of environmental damage can not only be limited to public law,but also integrate the public and private law to completely fill the national loss,which requires environmental damage.At the same time,the basis of the right of claim is in line with the original intention of the establishment of the system.Secondly,the liability of compensation for environmental damage applies fault liability.The principle of no fault liability is no longer applicable in the system of environmental damage compensation.The legal basis of no fault liability is incompatible with the Compensation for the right holder,and the law has no reason to favor the compensation for the right holder.Moreover,it is no longer difficult to prove the fault elements of the fault principle.Compared with the principle of no fault,the fault principle is more in line with thedevelopment needs of the system of environmental damage compensation.Thirdly,claim The government should make full use of administrative means between power and administrative power,and do a good job of connection when it needs to claim compensation.The system of compensation for environmental damage endows the government with the status of compensation for the right holder which undoubtedly increases the rights of the government and other administrative organs.In the same case of environmental damage,the government and its administrative organs need to balance and coordinate the administrative power and civil claim right at the same time,so as to ensure the efficient use of administrative and judicial resources.Finally,it should be recognized that the compensation for environmental damage and environmental civil public interest litigation are in a parallel position in environmental protection.The functions of the two systems are the same,but the difference between the compensation for environmental damage and the environmental civil public interest litigation is that they also have the role of filling the national losses,and they play an important role in their respective posts.The emergence of the system of compensation for environmental damage has broken the legislative habit of "making one by one" in China.Therefore,it is necessary to seek the best way to deal with the environmental damage in the continuous practice,so as to better develop the system of compensation for environmental damage.