The Research On Pure Ecological Damage Remedy Mechanism

In recent years, our country’s economic construction has made remarkable achievements with the improvement of the mode of production and technology, but our country also suffered serious damage of ecology and environment with the rapid development of economy at the same time. In the increasingly serious damage to ecological environment problems, the damage of ecological environment itself is pure ecological damage. It is that the ecological environment suffered difficult to restore or irreversible, the damage and destruction of ecological environment itself due to industrial activities or other human activities in a certain area. It is difficult to form a unified, accurate definition, but the scholars has basically reached consensus of pure ecological damage characteristics in many aspects compared with the traditional environmental damage. People have been trying to explore the method of damage to the ecological environment for relief with facing of increasingly serious damage to ecological environment problems. However, the traditional environmental tort law focuses on the personal injury and property damage relief, it is involved in both substantive law and procedural law in our country. It ignored the relief of pure ecological damage for pure ecological damage only as a medium of person and property damage. Pure ecological damage relief is the system that environmental offender compensate or repair for the environment when ecological environment suffering from violation. The theoretical circle few address the concerns of pure ecological damage relief at present, even if is also limited in environmental civil tort relief attached for exploration, and pure ecological damage relief in China lack of specialized research and legislation. However, we should not ignore the harm of pure ecological damage, we should strengthen the research on pure ecological damage remedy mechanism, to build and perfect the social remedy and legal remedy mechanism of the pure ecological damage. This paper mainly studies the related theory of pure ecological damage remedy in our country, and hope this article writing, and can provide some useful reference for further research, to promote the continuous improvement of the pure ecological damage remedy mechanism in our country.In this paper, we used the methods of historical analysis and comparative analysis to study of pure ecological damage remedy mechanism in our country, The paper is dived into four chapters:The first part, is about the basic theory of pure ecological damage remedy mechanism. First, we defined the ecological damage and distinguish between pure ecological damage and ecological damage. Second, we defined the pure ecological damage and summarized and the characteristics of it. Finally, the pure ecological damage remedy, remedy mechanism and the way of the remedy mechanism are introduced one by one. The second part, the investigation to the pure ecological damage remedy mechanism abroad. First of all, we introduced pure ecological damage relief mechanism about the United States and the European Union. Secondly, it is pointed out that we should learn experiences. The third part, is about the present situation and deficiencies of pure ecological damage remedy mechanism. The fourth part, the Suggestions of perfecting our country’s pure ecological damage remedy mechanism. This part is the focus part of this article. For pure ecological damage remedy legal mechanism in our country, we should build two ways about pure ecological damage remedy on the basis of pure ecological damage remedy legislation; For pure ecological damage remedy mechanism of socialization in China, we need to set up the pure ecological damage liability insurance system and the system of relief fund.The research achievements of this paper is mainly about the basic theory of pure ecological damage remedy mechanism, and introduces the foreign pure ecological damage remedy mechanism. Then we also introduces the situation of the pure ecological damage remedy mechanism of our country. Finally we puts forward some feasible Suggestions of perfecting our country’s pure ecological damage remedy mechanism.