Research On The Scope Of Compensation For Ecological Environmental Damage In My Country

In recent years,the pollution of ecological environment has become more and more serious,and the promulgation and implementation of the Reform Scheme of Compensation System for Ecological Environment Damage shows that the state attaches great importance to ecological protection.Although the Civil Code promulgated the year before last stipulated the scope of compensation for ecological environmental damage,there are still some deficiencies in the current legal provisions,and many aspects need to be refined and improved.First of all,this paper distinguishes ecological environment damage from other similar concepts,and clarifies the particularity of ecological environment damage.Secondly,by analyzing the present situation and legal dilemma of the compensation scope of ecological environment damage in China,it is concluded that the current legal provisions still need to be refined.For example,the cost of cleaning up pollution need not be listed separately as a compensation cost,and it is more reasonable to include this cost in the emergency disposal cost.The starting point of the loss of service function should be advanced to the time when the actor commits the damage,and an exact standard should be set for "other reasonable expenses".This paper also demonstrates it with the help of some typical cases,trying to find new ideas for perfecting the compensation scope of ecological environment damage in China.In addition,this paper investigates the scope of compensation for ecological environmental damage abroad and tries to gain useful experience from it.Finally,on the basis of China’s national conditions,the current items of compensation scope for ecological environment damage are discussed,and it is clear that the determination of compensation scope for ecological environment damage in China in the future needs to focus on the restoration of ecological environment,and the compensation scope should be refined and improved by establishing relevant guiding principles.On this basis,some suggestions on perfecting relevant supporting systems are also put forward.