The Construction Of Compensatory System On Environment Execution In Our Country

As the advancement of the democracy and the nomocracy, more and more attentions are paid to civil rights. However, we have been placing too much emphasis on the administrative inertia thinking that private interests must obey to the national interests and public interests in China. Due to the inertia of planned economy, the power of our government is too great. Though the administrative agencies exercise their functions and powers according to law, they probably infringe the right of citizens. So the general compensatory system on environment execution should be improved. Additionally, this paper tries to bring forward an administrative remedy for environmental infringement by establishing compensatory system on environment infringement. First, there is specialization in the environmental infringement and victims can't get timely and sufficient remedy by civil procedure. So intervention by the government is required and the government should establish compensation funds which can remedy for the one who can't get enough compensation by civil procedure; Second, environmental resources are public goods and both right and duty are socialized gradually, so socialization of remedy for environmental infringement is proper; Third, when the environmental right of citizen is infringed, the government has the duty to eliminate the hazard and make up the loss according to the theory of environmental rights and it is the duty for the government to protect the environmental rights of citizens. That's why we should try establishing compensatory system on environment infringement in our country.General compensatory system on environment execution and compensatory system on environment infringement constitute compensatory system on environment execution. However, there are defects in compensatory system on environment execution in our county: It incarnates nationalism and collectivism in the guiding ideology of the legislation, and it also lacks unified principle and criterion. There is no specific procedure and effective remedy system for compensatory system on environment execution. There is no legal system about administrative compensation for environmental infringement. So we should make a law on compensatory system on environment execution based on the current situation of our country and relevant legislations of foreign country. Then the compensatory system on environment execution will be improved in every direction, so that it can protect the citizens' fundamental rights, maintain a balance between public interest and personal interest, and promote the interest of the whole society.