Research On The Compensation Scope Of Environmental Civil Public Interest Litigation

Environmental damage is different from general civil damage.Its scope includes not only personal and property damage caused by environmental damage,but also environmental damage.Civil compensation for environmental public interest litigation is a kind of civil liability,is essentially different from the traditional environment of private litigation,the fundamental purpose is to protect the environment and public interests.The scope of compensation for the current environmental civil litigation includes ecological environment repair costs,ecosystem services function loss,lawyer fees,investigation and assessment of environmental emergency disposal costs,but in the judicial practice,the scope of compensation is narrow,difficult to effectively compensate for public environmental damage,and because the assessment procedures are not standardized,the existing cost the calculation methods of the lack of realistic compensation to bring many difficulties.This paper is intended to expand the existing environmental public interest litigation the scope of compensation,through the specification of environmental public interest damage appraisal procedure and cost calculation,determine the scope of compensation of the environmental public interest litigation,in order to achieve the purpose of damages.This article is mainly described in four parts as the breakthrough point:The first part is the understanding of compensation for civil environmental public interestlitigation damage theory,the compensation is the main target of environmental rights and interests of the damage,but not because of environmental damage caused by the damage to person and property;the scope of the compensation principles;legislation on the scope of compensation at home and abroad are introduced;and the detailed introduction of the current environment the scope of compensation for civil litigation.The second part expounds the necessity of environmental public injury compensation from four aspects: the cause and effect of compensation scope,the identification and assessment of environmental public injury,the measurement of damage result and the burden of emergency disposal.The third part points out that there is in the scope of compensation of environmental public interest litigation problems: the scope of compensation is too narrow,the scope of compensation is not clear;the ecological environment damage appraisal legal system is not perfect,assessment agencies qualification,evaluation content and evaluation of defect range;combined with a typical case,describes the calculation of the amount of damages of environmental public interest litigation now the analysis of the application of the advantages and disadvantages;for emergency disposal cost burden,NGO can be used as the main emergency disposal cost.The fourth part is to explore ways to improve the environmental public interest litigation the scope of compensation,compensation for environmental public interest litigation to expand the scope,the litigation costs,the costs of preventive measures and environmental non use value loss into the scope of compensation;improve the ecological environment damage evaluation mechanism,the implementation of market access mechanism,improve the qualification,make clear the contents of the evaluation;calculate the amount of compensation for damage to follow the case balance and value measure,the foreseeable principle or rules,and as a guide,reasonably determine the scope of damages and the amount;and how the burden of the cost of emergency defendant.