Jurisprudence Study On The Environmental Damage Compensation Litigation Filed By The Administrative Organs

Developing economy and protecting environment are related to the future and destiny of mankind.While mankind has enjoyed the affluence of modern industry,it has also felt the pangs of environmental destruction.The evil image of enterprises’ pollution,the government and the citizens paying the bill exists for a long time.It is difficult to prevent the pollution at the source,and there is no result in compensation for the damage,which makes it impossible to get full compensation for the damage to the ecological environment,to timely repair the ecological functions,and to protect the public’s ecological environmental rights.Therefore,China vigorously promotes the reform of the ecological environment damage compensation system,and puts forward a new type of litigation in the legal level – environmental damage compensation litigation.The administrative organ acts as the compensation right holder,and brings a lawsuit against the person who has polluted the environment and destroyed the ecology and asks him to bear the liability for damage compensation.From 2015 to 2017,China piloted the reform of the compensation system for ecological and environmental damage in some provinces and achieved remarkable results.Subsequently,in 2017,the plan for the reform of the compensation system for ecological and environmental damage was published,which clearly defined the scope of compensation for ecological and environmental damage,the subject of claim,the subject of liability,and the way of relief,etc,which marks the reform was fully rolled out in China.In 2019,the supreme people’s court issued several provisions on hearing cases of compensation for ecological and environmental damage(trial),which further improved the relief system of compensation for ecological damage and clarified the scope of the plaintiff,the three specific situations for bringing a lawsuit,and the pre-consultation procedures.Administrative organs may use their administrative and judicial powers to provide comprehensive relief for ecological and environmental damage.This paper deals with the problems related to the lawsuit of compensation for ecological environment damage brought by administrative organs from two aspects: theory and practice.Firstly,starting from the theoretical level of litigation,this paper analyzes the components of ecological environment damage compensation litigation,and introduces different theories and views on the nature of ecological environment damage compensation litigation.Secondly,the author analyzes the legitimacy of the lawsuit of compensation for ecological environment damages brought by administrative organs from three aspects of legality,necessity and feasibility.Then summarize the successful experience and problems in the pilot areas from the practical level,and analyze the causes;Finally,according to the practical difficulties,the corresponding countermeasures are put forward,such as improving the environmental liability insurance system,the ecological restoration fund system,etc.And connecting various related mechanisms,coordinating the administrative supervision and claim rights of the administrative organs themselves,and better safeguarding the public interests of the environment.