On The Perfection Of Ecological Damage Compensation System In China

Ecological damage is a new type of damage to the traditional damage a distinction,is the damage to the ecosystem itself,damage behavior may pose a threat to the safety of ecosystem and even endanger the stability of the ecological system,which is a serious threat to human survival and sustainable development of fundamental interests.With the continuous development of society,the risk brought by development is more and more prominent.Ecological damage will inevitably exacerbate the risk level,affect the sustainable development of society,and seriously endanger human survival and development.Foreign awareness of ecological damage is relatively early,and the compensation system for ecological damage developed abroad has been relatively perfect.In contrast,in our country the problem of ecological damage as foreign so sensitive,but at present the problem of ecological damage has already caused the attention of China's environmental protection act of2015: the new implementation is mentioned in the construction of ecological damage prevention mechanism,which not only in the legislative idea of ecological damage prevention mechanism innovation,but also put forward the new measures in the concrete system.In addition,some policies also reflects the ecological problems of attention: in the third Plenary Session of the 18 th CPC Central Committee,for the implementation of environmental behavior,its liability responsibility strictly;"ecological environment compensation system reform scheme"(hereinafter referred to as the "plan")for how to establish and conduct a preliminary planning and implementation of ecological compensation the system of the CPC Central Committee;the nineteenth National People's Congress proposed to speed up the reform of the construction of ecological civilization,beautiful China,adhere to conserve resources and protect the environment,treat life to ecological environment.Therefore,under these big backgrounds,it is urgent to improve the compensation system of ecological damage in our country.The system of compensation for ecological damage is a legal system aiming at protecting the ecosystem.It takes the legal means as the core and adjusts the interests relations of all parties by using all kinds of social ways,so as to coordinate the interests of all parties so as toachieve the purpose of protecting the ecosystem.Therefore,in the system construction,this paper mainly consists of five parts: the first part is the introduction,mainly analyzes the ecological compensation system of the background and research status at home and abroad show that the urgency of constructing ecological damage compensation system in our country;the second part of the concept of ecological damage was clear,special emphasis on ecological damage the open,and the traditional environmental tort distinction,theoretical basis and in-depth study of ecological compensation,the public trust theory,non anthropocentrism,externality theory for China's ecological compensation system construction to provide theoretical support and a solid theory support to build a ecological compensation system to step by step the third part,through the system;in the United States,Germany,Canada,three national ecological damages,obtained in our legislation,Remedies sharing aspects of mechanism of enlightenment and the law enforcement system and the society;fourth part,through the current system of China's ecological compensation analysis,the problems are: the legal system of ecological damage compensation system is not perfect,the ecological damage compensation dispute settlement mechanism is not perfect,the ecological damages society sharing mechanism has not been established these three aspects.The fifth part,from the lack of our country exists in the three aspects of the start,put forward the feasible suggestions to perfect the ecological damage compensation system of our country: first,to establish ecological compensation system in the legislation,this work can be divided into two steps,the first construction of ecological compensation system in environmental law,and then develop the special "ecological damages comprehensive prevention and relief law";secondly,develop professional assessment procedures,based on the dispute settlement mechanism from the two aspects of improving the ecological compensation litigation and non litigation ways to perfect the ecological compensation;more extensive consideration of the ecological damage,difficulty of repair,should be the establishment of ecological damage the compensation of social sharing mechanism,combined with China's national conditions and the specific approach is: the establishment of Ecological Compensation Fund for damages liability insurance system and the ecological damage.After continuous efforts to make the compensation mechanism of legalization,standardization,standard of dispute settlementmechanism of diversification,the ecological environment damage according to standard in law,grasp the best time to prevent damage to the ecological environment,even after the damage to the ecological environment can also be launched relief work for the first time,to maximize the ecological environmental restoration to the original state,and strive to create a beautiful home with picturesque scenery.