The Legal Regulation Of Damages Of Ecological Environment

The damages of ecological environment is the form of the monetization by the responsible accept responsibility of compensation for the damage of the ecological environment.The damages of ecological environment can obtain through way of legal or illegal action.Way of Legal action includes civil litigation of environmental public interest as well as litigation of compensation for damage of ecological environment,and way of illegal action includes consultation,compromise and mediation and so on.In 2015,General Office of the Communist Party of China and General Office of the State council issued the programme of pilot reform of the compensation system for the damage of the ecological environment,Shandong,Hunan and other places formulated the local programme of pilot reform according to local conditions.The programme of reform of the compensation system for the damage of the ecological environment is issued in 2017.Although each pilot has set up local normative documents around managing and using damages,which reflects some problems on cases application which include indeterminate bodies of demanding reimbursement,managing and using damages of ecological environment,amount of damages is difficult to be determined,the indeterminate scope of the damages and use,the appraisal and evaluating mechanism and supervisery mechanism is imperfect,and so on.In view of those problems,we can study some links which the origin,the management and use,supervising and so on.Then forming demanding reimbursement that the government is the most,the social organization is a supplement and the procuratorate mainly performs the right of supervision,the body of management of damages is compensation fund of damage of ecological environment and the body of use is the administration of ecological and environmental protection.All bodies should perform their supervisory duties under their respective duties.The law should stipulate the calculating standard of damages and the scopes.Introducing exemplary compensation to punish serious environmental hazards.Carrying out the requirements of law of public participation and information disclosure,ensuring to realize the supervision right and the right know the truth of the members of the society.Bodies should establish a platform of sharing information,and negotiate and cooperate with each other so as to ensure that damages is really used on the maintenance of the interests of the ecological environment,at the same time,making a contribution for the orderly operation of the damages of the ecological environmentdamage.