Research On The Compensation Right Owner Of The Ecological Environment Damage Compensation System

Ecological environmental damage means that the actions of citizens,legal persons,social organizations,and government agencies cause significant adverse changes or functional degradation of environmental elements and biological elements other than personal and property elements in the ecosystem,thereby causing the balance of the ecosystem to be broken state.Compensation for damage to the ecological environment focuses on protecting the interests of the ecological environment itself,and it is difficult to maintain the interests of the ecological environment itself through the traditional tort law to remedy the damage to the ecological environment.The "Eco-environmental Damage Compensation System Reform Pilot Program" stipulates for the first time that the provincial people’s government is the right holder of the ecological environment damage compensation.Insufficient means of environmental regulation.The government as the right holder of ecological environmental damage compensation is reasonable in theory and reality.However,if only the provincial and municipal governments are the right holders,the compensation subject is single,and the relief is difficult to be said to be efficient;facing the same ecological environmental damage,multiple parties have There is no clear regulation on the order of prosecution between subjects.The lack of supervision mechanism of the government with multiple powers can easily lead to the abuse of power.These three major issues exist in the current compensation system for right holders and need to be resolved urgently.This article puts forward suggestions for improvement on the basis of the relevant legislation and regulations outside the territory and the current implementation situation in our country.In terms of the scope of right holders,county-level governments should be added as compensation right holders;in the litigation system,the order of prosecution of each compensation right holder should be determined according to different types of ecological environmental damage events;in terms of supervision mechanisms,the procuratorial system should be fully utilized.The supervisory role of agencies and citizens over the government,and the implementation of an information disclosure system to ensure the possibility of citizen participation.