A Study On The Supervision Mechanism Of The Government Claims For Eco-environmental Damage

The supervision mechanism of government claims for ecological environment damage is an indispensable and effective restraint and incentive mechanism to ensure the good operation of government claims system.At present,the government claim system of ecological environment damage is in the national experimental reform stage.How to perfect the corresponding supervision mechanism and ensure the implementation of the government claim work is also one of the important tasks of the reform.It is clear what is the supervision mechanism of government claims for ecological environmental damage.Government claims as building corresponding logical starting point of supervision mechanism,so from the first two aspects of the concept connotation and essential attribute to scientific and reasonable review,the government claims resulting therefrom is run from the environmental law enforcement and extension of an administrative authority,the government claims,in essence,is a national environmental protection duty,to perform the duties of the natural resources and environmental protection way of innovation,through consultation and civil litigation law operation means claim to take the responsibility of environmental protection.The performance of government duties must be supervised.The supervision mechanism of government claims for ecological environmental damage refers to the systematic working mechanism to supervise and manage the behavior and process of government claims for ecological environmental damage.By playing the functions of prevention,punishment and guarantee,the "regulation failure" of government claims is prevented and the good operation of the system is guaranteed.The theory of responsible government and the theory of balance provide rational explanations for the establishment and operation of the supervision mechanism of government claims for ecological environmental damage.The construction of the government claim supervision mechanism is the important connotation of carrying out the environmental responsibility of the government and constructing the responsible government.Inside and outside supervision mechanism contains the complementary party supervision mechanism,the positive and negative incentive mechanism and rules with legal accountability mechanism of several operating structure,to a certain extent,can prevent the government abuse the right role,reduce government exercise the right of arbitrary and corruption,and also can supervise and urge the government to exercise right,and then achieve the balance of control and protect rights.The problems of government compensation and supervision mechanism for ecological environment damage and the corresponding suggestions for improvement.Through the review of the relevant regulations and the relevant practice of government claims supervision,it is found that there are still many deficiencies in the present government claims supervision mechanism: first,under the circumstances that the nature of the supervision is unclear and the government claims the right and responsibility are unclear,ignoring the particularity of the exercise of the right to claim compensation of the government,and indiscriminately citing and applying the existing provisions of the supervision of the administrative legal system,the existing provisions of the supervision of the right to claim compensation of the government lack of Operability,there are some defects in the self-supervision of the executive branch,such as the lack of hierarchical supervision and the imperfection of the accountability procedure of the peer supervision,the external supervision mechanism involving the public,the judiciary,the power organ and the supervisory organ is not perfect and can not give full play to the effectiveness of the supervision of government claims.In order to solve the problems mentioned above,we should clarify the nature of the right of claim,clarify the rights and responsibilities of government claims,refine the regulations of government claims supervision,and strengthen the Operability,at the same time,we should focus on the two ways of exercising the right to claim compensation:Consultation and civil action for compensation,improve the internal and external supervision mechanism of the government’s claim,form the complementary supervision of the internal and external forces,and ensure the implementation of the reform of the government’s claim system.