On The Construction Of Ecological Damage Relief System In Urban Underground Space Utilization In China

In recent years, with the development of urbanization, the underground space of a city has entered into unprecedented large-scale development stage. The use of the underground space in a city has become a symbol of a highly developed city. However, with the rise of the use of the underground space in different cities, vast underground construction and facilities have done harm to the ecosystem of the underground space. If there is damage, there should be relief. So, how to hold the harm back and get back the underground space into the shape through legal means is a real question which law major is faced with.According to the basic norm of raising the question-analyzing the question-solving the question, the thought of this thesis is as follows:In the first part, the damage of underground space’s ecosystem is over-viewed. Firstly, summarize the connotation of the damage of underground space’s ecosystem through the basic ideas of the underground space and the damage of ecosystem. Secondly, point out the essential of the damage of underground space’s ecosystem and its typical traits, which is necessary preparation for the thesis.In the second part, the use of urban underground spaces in our country is analyzed. Through social positivism, the writer points out that the use of urban underground space has become the inexorable trend of urbanization. On the other hand, the writer clearly sees that the use of urban underground spaces has led to serious damage of ecosystem. How to solve the paradox of the trend and problem becomes a new issue of academic research. So, in the science of law, how to use legal means to hold damage back becomes the pressing demand.In the third part, the writer analyzes the loophole of the relief system about the damage of underground space’s ecosystem. In this part, the writer teases the legal questions which the damage of underground space’s ecosystem is faced with. They are as follows:1) the punitive measures about the damage are deficient, which is unable to relieve the damage; 2) the compensation system for damages is deficient, which eagerly needs theoretical innovation and improvement; 3) the compensation procedure for damages, especially environmental nonprofit litigation, is imperfect. These problems provide opportunities for the construction of the relief system.In the fourth part, the writer analyzes foreign relief system about the damage of underground space’s ecosystem and its enlightenment for our country’s relief system. American and EU’s relief systems about the damage of underground space’s ecosystem have developed completely. In this part, the writer adopts the method of comparative law study, teasing the effective legislation and the theoretical research results of the above typical countries or international organizations and summarizing three beneficial enlightenments for the relief.In the fifth part, the writer suggests the construction of the relief system about the damage of underground space’s ecosystem in our country. On the basis of combining the traits of underground space’s damages and the second to forth part, the writer tries to propose the thought about the construction of the relief system. It mainly includes: 1) the compensation procedure for damages, which mainly involves doctrine of liability fixation about the damages and the composition of the ecological damage compensation liability and liability manners; 2) the system of environmental nonprofit litigation about the ecological damages, which involves rights to request body, and the scope of damage compensation and former assistant programs; 3) the socialized relief system of ecological damages, which mainly includes the compensation fund system and the compulsory liability insurance system for ecological damages.