Research On The Legal Issues Of Environmental Damage Compensation In Environmental Civil Public Interest Litigation In China

Environmental public interest litigation is an effective way to reverse the loss of environmental protection.The current implementation of the relevant provisions of the "PRC Civil Procedure Law" the main environmental public interest litigation,two,14 revised "environmental protection law" of the relevant provisions of the main environmental public interest litigation,and is called "environmental civil public interest litigation sword" of two,in January 7th 15 formally promulgated the Supreme People's court "the implementation of several issues concerning the trial of civil environmental public interest litigation case applicable legal interpretation" and many places have been promulgated established environmental courts,are described in the environmental public interest litigation on concern and attention of the legislative community and the judiciary.However,in the process of the judicial practice,there is a large part of the compensation for environmental damage environmental civil litigation cases in the judgment of the amount of compensation,but did not involve compensation for environmental damage post disposal methods of gold.When the destruction of public environment has become a fact,it should be relief,compensation for damages is a very important form of relief after the incident.This thesis focuses on issues related to environmental damage exists in civil environmental public interest litigation for compensation,will be discussed in the following aspects: the first part of the definition of this paper mainly expounds the environmental damage,a series of remedies and environmental damage compensation of environmental damage,combing the relevant concepts.Clear environmental civil litigation process for environmental damages have.Environmental damage refers to the environmental damage caused by the environmental public interest,but the damage to the public environment itself is the environmental pollution and environmental damage,and does not include the damage to people and property.In the process of environmental civil public interest litigation,the form of compensation for environmental damage needs to include compensation for damages,and the environmental damage compensation is just the way of monetary compensation.Environmental damage compensation refers to the public environmental pollution or suffered damage when ordered to the main responsibility the amount converted into cash costs of a class of currency for damage to the environment and the expectedamount of cost regulation might come to embody the way.The second part of the paper is mainly about the judicial practice of environmental damages in the process of environmental public interest litigation in china.In the course of practice,some courts have made a series of judgments about damages in the process of environmental civil public interest litigation,but they also have many problems.On the one hand,on the foundation of judicial practice,mainly focus on the ultimate ownership of the environmental damage compensation,and environmental damages related to the scope and issues related to the definition of compensation standards and supervision and management level of.The third part mainly introduces and analyzes the problem of environmental damage compensation in the process of environmental civil public interest litigation in our country.The fourth part mainly discusses the main categories of compensation for environmental damages in China and the relevant standards of compensation.The fifth part of the main study of environmental public interest litigation in China,the environmental damage compensation in the supervision and management of a series of problems.