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Research On The Use And Management System Of Ecological Environment Damage Compensation Funds

Posted on:2022-11-19Degree:MasterType:Thesis
Country:ChinaCandidate:D ZhaoFull Text:PDF
GTID:2491306761451044Subject:Administrative Law and Local Legal System
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While we enjoy the conveniences of the industrial age and increasing economic benefits,we are also facing such ecological environments as water pollution,smog exceeding the standard,and the decreasing rate of forest greening.This kind of economic development at the expense of the environment is not only disadvantageous to sustainable development,even more threatening to the people’s health and safety.We need to cut our losses.In order that our future generations can continue to enjoy the beautiful ecological environment,China has gradually promulgated the "Ecoenvironmental Damage Compensation System Reform Plan","Several provisions of the Supreme People’s Court’s concerning the trial of Eco-environmental Damage Compensation Cases(Trial)" and related legal policy and judicial interpretation.It has also been implemented on a pilot basis in some parts of the country.With the development of regional pilot projects,more and more local governments and environmental protection organizations begin to attach importance to ecological and environmental problems,and litigation cases caused by environmental issues continue to increase sharply.However,in areas where legislation is still in the pilot phase,court in the face of complex and diverse environmental damage cases,not conducive to timely and effective repair damage to the ecological environment.At present,the issue of compensation for ecological environment damage is still controversial,the use and management system of compensation still needs further exploration.This article will adopt the empirical analysis method,inductive analysis method and comparative analysis method,to further explore the use and management mode of compensation for ecological environmental damage.The author mainly from the ecological environment damage compensation lawsuit and the environmental civil public welfare lawsuit these two kinds of lawsuit way,explores the ecological environment damage,the compensation fund use and the management system.and through searching the relevant laws and regulations and academic documents,make a clear distinction between ecological environmental damage compensation litigation and environmental civil public interest litigation,and perfecting the concept of "two lawsuits" from the theoretical basis,the subject of action and the proceedings,avoid the chaos of legal basis in practice,and to provide a basis for better research of the use and management system of compensation for ecological environment damage.Secondly,find the use and management of the compensation money in these two kinds of lawsuit cases on the website of "China judicial documents net",and to learn more about the current situation of the use and management of the compensation money for ecological environment destruction in China.this paper analyzes the difficulties in the use and management of the compensation fund for ecological environment damage,and sums up the main problems from the following content.First,the use of compensation is unclear,the relevant provisions are more general.Second,o use of procedures more chaotic,there are differences in the use of procedures.Third,the management account of ecological environment damage compensation is mixed up,which is not conducive to the exclusive use of compensation funds.Fourthly,the management mode of compensation fund in our country is not unified,and there are some problems in the management of government special account or court special account.Fifth,the supervision of the use and management of compensation funds should be perfected step by step.In the light of these questions,the author has searched the relevant laws and regulations and relevant practice cases in recent years.Read and refer to papers and books on eco-environmental damage compensation systems.Through the summary and the exploration,aims at these questions,proposed some consummation countermeasure suggestion.It mainly includes making clear the main body and procedures for the use of compensation funds for ecological environmental damage,and making clear the management account for compensation funds for ecological environmental damage,we should establish a unified compensation fund management system and improve the monitoring mechanism for the use and management of compensation funds,so that the damaged ecological environment can be repaired in time and effectively,and the basic balance of the ecosystem can be maintained.Furthermore,encouraging the use of the foundation’s management model in the search for compensation funds could compensate for the inefficient use of compensation funds,the lack of transparency in management oversight and misappropriation and ensure the correct use of compensation funds.Finally,the author hopes that through the further understanding and analysis of the system of use and management of compensation for ecological environment damage,it can provide a useful path for repairing ecological environment damage in time.
Keywords/Search Tags:ecological environment damage, compensation, use and management, environmental litigation
PDF Full Text Request
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