The Nature And Positioning Of The Government Compensation System For Ecological Environmental Damag

The government claim system for ecological environmental damage is an important innovation in China’s environmental legal governance system.Since its implementation,the system has effectively improved the efficiency of compensation and restoration of ecological environment damage.However,due to the unclear nature of the system,there are currently many basic theoretical and practical dilemmas.Therefore,it is necessary to further study the nature of the system.This article first defines the basic concepts involved in the system,clarifies that the object protected by the system is "ecological environment",summarizes the characteristics of "ecological environment damage",explains the meaning of "nature positioning",and selects the term "government claim system for ecological environment damage" used by the academic community to define the system discussed in this article.Secondly,by tracing back to the realistic and theoretical background of the construction of the system,this article draws two conclusions: the reform of the system is an innovation in the way administrative power is exercised;the purpose of this system is to protect environmental public interests and maintain environmental public order.This paper sorts out the main theoretical theories related to the nature of the system,analyzes the shortcomings of each theory,and sorts out important reform policy documents,legal provisions,and typical cases since the implementation of the system,analyzes the problems caused by the unknown nature of the system.Thirdly,this article analyzes the nature of the relevant systems in the United States,the European Union,and Japan: the nature of the United States natural resource damage compensation system is a civil legal attribute;the European Union has established an ecological environmental damage relief system with the nature of public law through the Environmental Liability Directive;Japan has established a diversified administrative handling mechanism for public nuisance disputes with the attribute of public law.The author’s view is that the nature positioning of the relevant systems by the EU and Japan can be used for reference by China in determining the nature positioning of the reform system.Finally,this paper proposes a positioning of the nature of the system: the nature of the "consultation" process in the government claim system for ecological environmental damage in China is an administrative consultation process,and the agreement reached through consultation is an administrative agreement;the nature of "claim litigation" is a special environmental public interest litigation;the nature of the government claim system for ecological environmental damage should be positioned as a new means of environmental administrative regulation.