On The Construction Of China's Ecological Damage Compensation System

With the rapid development of economy and industry,the ecological damage events occur continuously.The ecological environment is facing the pollution and destruction caused by human activities.It is of great significance to protect the ecological environment for human production and life.The ecological damage compensation is different from the traditional property or personal tort damages,which is aimed at the compensation for the damage to the ecological environment itself.This paper tries to draw lessons from the international conventions and other countries' practical experience,based on China's legislation and judicial practice,in order to make some contribution to the construction and improvement of China's ecological damage compensation system.This paper first introduces the internal and external development of ecological damage compensation system.In 2015,the general office of the CPC Central Committee and the general office of the State Council issued the "pilot program for the reform of the ecological and environmental damage compensation system",and put forward a proposal for the establishment of an ecological compensation system in the country.Subsequently,Guizhou,Chongqing,Hunan Province,respectively,the introduction of the province's ecological damage compensation system reform program,began to build ecological damage compensation system.The ecological damage compensation system in international convention,which is based on the"Inernational Convention on Civil Liability for Oil Pollution Damage,1969","International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage,1972" and the two conventions of the protocol of 1992 to set up,mainly deal with the problem of compensation for marine oil pollution damage.The United States natural resources damage compensation system through the "Clean Water Act","Comprehensive Environ-mental Response,Compensation and Liability Act"(also known as "the Superfund Act"),"Oil Pollution Act" and other laws set up,the main provisions of the contents of the compensation obligation,compensation subject,compensation scope,damage assessment procedures.The EU issued the "Directive 2004/23 5/CE of the Europen Parliament and of the Council on Environmental Liability with Regard to the Prevention and Remedying of Environmental Damage".It classified the ecological damage,and set the scope of compensation and compensation rules.The member states of the European Union converted the directive into domestic law through legislative activities.On this basis,this paper puts forward three main aspects of the ecological damage compensation system,that is,the subject of request,the scope of compensation,and the evaluation method.And discuss the three aspects one by one.Then discussing the three aspects one by one.The part of request subject,mainly through theoretical research,legislative practice and case studies,analyses the position and problems of the government,environmental protection departments,environmental protection NGOs and procuratorate.The author makes a detailed analysis of the public interest litigation brought by the procuratorate,the procuratorate's role of the civil public interest litigation,the issue of procuratorial proposals,and the acceptance of reconciliation or mediation.And it analyzes the alignment between the three subjects.In the scope of compensation,mainly through the analysis and Research on domestic and foreign legislation,and domestic case study,the author puts forward that in addition to marine ecological damage,ecological damage of different types,scope of compensation should be unified,it should include:(1)reasonable prevention,prevent damage expansion costs;(2)the costs of ecological restoration;(3)loss of ecosystem service function;(4)environmental capacity loss;(5)investigation and assessment fees..In the evaluation methods,mainly through the analysis of the Taizhou sky-high price assessment of public interest litigation case method,and the analysis of the amount of punitive damages and discretionary system,the author claims that we should enhance the legal effect of normative documents,choose the order clearly different assessment methods,and discusses the idea of introducing the amount of discretion in determining the compensation amount of the system.In this paper,through the research and analysis of these three aspects,we will gradually establish and improve the ecological damage compensation system in China.