A Study On The Construction Of Chinese State-owned Natural Resource Damages

In our country, the ownership of natural resources follows the socialist public ownership. In accordance with the provisions of current legislation, the main natural resource ownership adopts "universal people’s ownership" which can also be called "the state’s ownership". Theoretically, it is more convenient for government agencies which are on behalf of the state to exercise damage to the owner’s compensation claims than the United States confirming the trusteeship. However, in judicial practice, the absence of the true ownership of state-owned natural resources is serious, and specific elements of the natural resources of each one’s rights and their mutual relationship is not clear, causing many difficulties for relief. In addition, existing legal provisions don’t fully accept the ecological value of natural resources, which makes the current relief not that effective.In order to study on the compensation system of Chinese state-owned natural resource damages, we need to give necessary scrutiny of relevant legislation and judicial practice. Overall, in the face of the vacuum and lack of legislation, judicial practice has made a breakthrough referee to break through the shackles of the concept of Law, and has received positive affirmation of the theoretical circles. In the face of "no-joining" phenomenon between the legislature and the judiciary in reality, the existing legislation should be interpreted in order to seek legitimacy foundation related to the administration of justice. On this basis, to explore the system of state-owned natural resources damages is the ultimate purpose of this dissertation. Of course, as for some specific rules, when the local legislative resources are exhausted, to turn to draw on extra-territorial experience is necessary.This article focuses on the system of Chinese state-owned natural resource damages, including the following aspects:First, the claimant; Second, the scope of compensation; Third, damage assessment; Forth, claim pattern. The claimant, in the level of citizens, includes individual citizens and social groups. And at the national level, it includes the governments, certain administrative departments and procuratorial organs. As for the relations between the public and civil litigation, two principles should be followed. First, priority litigation should be taken by the users. Second, the victims should obtain enough damages. The compensation contains two major categories, including the economic value and ecological value. Economic value is divided into direct economic losses, indirect economic losses and pure economic loss. Besides, the specific scope of the ecological value is determined by the damage assessment process. Specifically, the main forms of compensation are as follows:1.The capacity loss of natural resources;2.The economic benefits associated with loss;3.Costs used to remove pollution, take emergency measures and to restore the environment;4.Investigation, monitoring, assessment fees and biological remediation of funding;5.Interest. As for damage assessment, the principles and rules were introduced and learned from American experience, which can be described from three aspects:1.The basis for this assessment;2.Evaluation procedures;3.Evaluation bodies. In the end, the mode of claims is divided into two categories, that is the justice mode and ADR mode. The justice mode includes litigation, the court mediation and conciliation. The ADR mode includes administrative mediation, administrative adjudication and arbitration. In the meanwhile, ADR mode is preferred to solve environmental disputes, when it can’t make effect, access to justice is necessary.