The Research On The Law Path Of Environmental Damage Relief In China

With the increasing of environmental problems, especially a seriesof environmental pollution accident, damage to the ecosystem in China hascaused widely attention of scholars in our country. Under the guidanceof the construction of ecological civilization and sustainabledevelopment view, the domestic scholars have begun to gradually in-depthresearch on the environmental damage and its relief path. Environmentaldamage, though have some of the characteristics of the traditional concept,it is not in the true sense of damage. Because it does not mean that therights and interests of a civil subject suffer adverse consequences, butthe negative effect on the ecological environment of human behavior, inessence，it is the damage to the human environment rights and interests.Caused by a lack of environmental law of its own development and the lackof the existing environmental protection theory. Legislation layparticular stress on the protection of private rights and remedies, lackof public environmental welfare damage prevention and remedy, thetraditional environmental private right theory has not fundamentallysolve the problem of environmental damage. Therefore, this articleemphatically from the angle of the damage of public environmental welfarerelief, This paper try to give priority to with obligation standard forlegislation perfect, make up the lack of environmental public interestlitigation system, emphatically explores the ways of China’senvironmental damage relief and perfect suggestions. This paper mainlydivided into three chapters:The first chapter, the status quo of China’s environmental damagerelief, this section introduces the connotation of environmental damage, secondly, analysis China’s existing laws and regulations of environmentalprotection, public participation, the judicial relief, environmentaladministrative mechanism this four aspects of the status quo, points outthe defects and the cause of the environmental damage relief in China.The second chapter, the revelation of foreign environmental damagerelief law, this chapter focuses on and analysis environmental damagerelief system and advanced experience of Japan and the United States, andputs forward the enlightenment to our country.The third chapter, probe into the way of environmental damage reliefsystem in our country, including three aspects: first, modify and perfectthe environmental legislation, environmental legislation should adhereto the guidance of sustainable development concept, changing rightstandard legislation idea, try to give priority to with obligationstandard environmental obligations, setting a reasonable environmentaleducation into laws actively, in order to improve the public environmentalawareness. Second, to establish and perfect the system of environmentalpublic interest litigation in our country, reasonably broaden theplaintiff qualifications, simple the procedure, saving the cost oflitigation, to improve the judicial personnel’s environmental scienceprofessional level, fully protects public environmental damage of thejudicial relief. Third, give full play to the role of the administrativeremedy, reasonably improve the environmental administrative institutions,try to set up the environmental protection department top-down verticalleadership system, centralized control the environment problem. Changingthe enforcement idea, from passive to active environment management idea,innovate the management methods, strengthen the cooperation between theadministrative organs and the public.