The Judicial Appljcation Of Compensation Fore Cological And Environmental Damage

Environmental pollution and ecological destruction,not only seriously damage the citizens’ personal and property rights,but also cause heavy damage to the environment and ecology.Among them,due to the personal damage and the loss of personal property caused by environmental pollution and ecological damage,the infringer may be made to bear the liability for the infringement of the ecological environment according to the Civil Code.However,there is no systematic,standardized and effective legal remedy for the damage of the ecological environment itself.With the formulation and improvement of relevant laws and regulations,China’s ecological and environmental damage compensation continues to be institutionalized,but at present,the judicial practice of ecological and environmental damage compensation in China is constantly exploring,and the current situation of judicial application is not optimistic.The lack of specific norms in the system content of ecological environment damage compensation makes the judicial practice lack of operability,which is not conducive to the development of judicial practice.Combing the relevant cases in the current judicial practice of ecological and environmental damage compensation,it is found that there are still some problems to be studied and determined in the specific application process.So this paper is based on the inherent principle of ecological environment compensation,the judicial documents as the research object,clarify the ecological environment under the existing legal system of the problems in the judicial application,and in the specific system perfect,judicial follow up put forward their own Suggestions,to further accelerate the ecological environment compensation in the judicial problems to provide useful enlightenment,promote the improvement of the judicial application process.This paper will discuss the basic principle of the ecological environment damage compensation,the judicial application of the ecological environment damage compensation,the problems existing in the judicial application of the ecological environment damage compensation and the improvement of the ecological environment damage compensation in the judicial application.The first part: The introduction part of the paper.Including the research background,research significance,research status and research ideas,research methods and innovation of the paper.The second part:Starting from the theoretical analysis of ecological environment damage compensation system,the paper discusses the legal basis of ecological environment damage different from the traditional infringement damage.Through analysis summarizes and points out the concept of ecological environment damage,and the nature of the public interest of damage environment,clear ecological environment damage to the basis of observable interests,and the legal basis for the ecological environment,and further to the constitutive elements of ecological environment damage compensation and the principle of different theories are discussed.This paper introduces the view that the component element includes the implementation of the ecological environment,produces the ecological environment damage result,and the causal relationship between the behavior of the ecological environment damage,and emphasizes that the liability principle applies the fault principle.The above constitutes the theoretical basis of this paper.The third part:to examine the current situation of the judicial application of the compensation for ecological and environmental damage.The judicial practice of compensation for ecological and environmental damage should be examined in the identification of the damage and judicial appraisal and the identification of the judges in the judgment,the responsibility for ecological restoration and the compensation for ecological environment damage.The current situation of the relief of ecological environmental damage is studied and further sorted out,including the general situation of the judicial application of ecological environmental damage compensation,and the current situation of the identification,identification and liability of ecological environmental damage.The fourth part: to sort out the problems existing in the judicial application of ecological and environmental damage compensation.By studying the current cases related to the compensation of ecological and environmental damage,it is found that there is still a lack of unified ecological and environmental damage identification standards in judicial practice,and there are problems such as imperfection of ecological environment identification and evaluation mechanism,lack of standardized management standards of identification industry and highly credible appraisal institutions.At the same time,it is difficult to implement the responsibility of ecological restoration,and the responsibility of behavioral ecological restoration is less applied and the ecological restoration plan lacks clarity.The standard of compensation liability for ecological and environmental damage is not unified,not only the damage calculation standard is not clear,the extension of compensation loss liability is not clear.The fifth part:Through the above theoretical analysis and system inspection,on the basis of clarifying the existing problems in practice,it puts forward the specific judicial follow-up and system improvement of ecological and environmental damage compensation in the judicial application.In view of the inconsistent standards for the identification of ecological and environmental damage,clear detailed standards for the identification of ecological and environmental damage have been formulated,and the standards for the identification of damage have been improved.For ecological environment damage appraisal,appraisal qualification doubt,high cost,big difference and appraisal evaluation report of leading situation,put forward improve the judicial appraisal system,establish appraisal industry specification,the appraisal and expert opinion of the perfect suggestion,to optimize the appraisal evaluation mechanism.In terms of the responsibility of compensation for ecological and environmental damage,the method of transformation from damage compensation to ecological restoration shall be adopted,and the application of ecological restoration plans shall be clarified to ensure the implementation of the responsibility of ecological restoration.Unify the standard concept and calculation,clarify the boundary of the liability for loss compensation,and then standardize the standard of damage compensation.In order to improve the relief mechanism related to ecological environment damage,effectively guarantee the actor to bear the compensation responsibility for ecological environment damage,and promote the gradual improvement of the judicial practice of compensation for ecological environment damage.