Research On The Claim Body Of Ecological Damage Compensation

The ecological damage phenomenon caused by environmental pollution is increasing in China,such as the Yellow River water pollution in 2004?Songhua River pollution in 2005,Conoco Philips pollution in 2011 and water pollution of Jiang Xi,Tai Zhou in 2016 and other cases.The claim for compensation for ecological damage resulting from these cases continues.It is the ecological damage compensation's core issue of determining how to exercise the right of the subject of ecological damage compensation and rights between subjects.In the construction of the main body of compensation for ecological damage compensation,we should establish the multiple claims main body mode,which is " the subject of environmental administration,the environmental protection social organization is the main body of the supplement,and the procuratorate is mainly supervision" and combined with the relevant provisions of China's environmental public interest litigation,Integrate the plural subjects exercise the claim right into the practice of ecological damage compensation.The text is divided into four parts.The first part analyzes the theoretical support of the subject of ecological damage compensation,the application of the claim subject under the guidance of the theory of appropriate parties,highlight the rationality and importance of determining the subject of compensation for ecological damage.The second part is to sort out and analyze the problems of the subject of compensation for ecological damage,separately from the policy provisions of the claim subject is single,the main's administrative organ is not clear,In the judicial practice,the program absence of the multiple claims subject to exercise the claim,discusses the problems existing in the subject and analyze to get conclusion.The third part is about the investigation of the claim system of compensation for ecological damage.Analyzing the provisions of the United States,the European Union and Russia on ecological damage compensation claims,combined with the situation of our country,analysis of the provisions china can learn from.The fourth part,through the discussion of the previous,Aiming at the problems existing in the subject of claim,corresponding solutions are proposed,thinking about the establishment of the subject of ecological damage compensation in China and provide theoretical support for the ecological damage compensation in our country.