A Study On The Legal Problems Of Compensation For Ecological Environment Damage

The construction of ecological civilization system in China depends on the construction and perfection of ecological environment damage compensation system.In 2015,the related system of ecological environment damage compensation was established for the first time.It promotes the obvious improvement of ecological environment,but the environment is destroyed repeatedly,and even some enterprises exchange economic benefits at the cost of harming the environment.Therefore,in order to build a harmonious and beautiful ecological environment and balance the relationship between man and nature,it is urgent to save our living home.Since its release,the Pilot Program of the Ecological Environment Damage Compensation System has opened a new chapter in the construction of the ecological environment damage compensation system.Through ecological damage The analysis of the status quo of compensation implementation,it is considered that in the process of implementation,there are difficulties in the calculation of ecological environmental damage compensation costs for the obligee and the obligor.The existing problem is that the legal regulation is not perfect,and the calculation of compensation obligee,compensation obligor and expenses needs to be improved.Based on the existing legal framework,we should make clear the "right of claim for damages" of the obligee,refine the relevant provisions,clarify the rules for determining the obligor,pay attention to the judgment of the illegality and fault of the act,and bring the potential responsible person into the scope of the obligor;the calculation of compensation expenses should establish a perfect appraisal and evaluation system and make clear the compensation Scope,refinement of the cost calculation standards,for similar damage consequences have not been identified,reasonable use of analogy algorithm,unified ecological environment service function loss cost standard.The compensation obligee,the compensation obligor and the calculation of the damage compensation expenses are improved to further promote the construction of the ecological environment damage compensation system.This paper is divided into three parts: first,from the court decision cases,select more Typical cases,and according to the case summarized the focus of the dispute.From the compensation obligee,the compensation obligor and the ecological environment damage compensation expense calculation three aspects separately carries on the analysis.This paper analyzes the three focus problems,explores the problems existing in theory and practice,and puts forward its own views and suggestions.Third,the conclusion of the study and the enlightenment of the study,from the legal part of the analysis,improve the ecological environment damage compensation obligee,compensation obligor and compensation cost calculation of these three issues,improve the ecological environment damage compensation system from the legislation,strengthen the compensation rights and compensation oblig related provisions,build a sound ecological environment appraisal and evaluation system.