The Research On Legal Problem Of Enterprise's Compensation For Ecological Environmental Damage

December 3,2015,The Central Office of the Communist Party of China and the General Office of the State Council jointly issued the "eco-Environmental Damage compensation system Pilot Scheme"(hereinafter referred to as the "pilot Scheme"),to be in 5 years in the national scope of the initial establishment of ecological damage compensation system.The program has achieved good results in the pilot cities,which have identified 4 main aspects of the scope of compensation for eco-environmental damage,including the necessary reasonable pollution clearance costs,environmental remediation costs,loss of service functions during environmental rehabilitation,and permanent damage to ecological functions,At the same time,the claimant is required to bear the investigation and evaluation fee and the related public service fee.The pilot program also stipulates that compensation claimants can bring up ecological environmental damage compensation lawsuits directly or in the event of negotiation,and make up the defects of the current environmental civil public interest litigation.This paper creatively puts forward the suggestion of carrying out the consultation on ecological Environmental damage compensation,and increases the environmental Commonweal organization as the compensation right person,and according to the characteristics of the ecological environmental damage compensation lawsuit,designs the related system which accords with its demand,such as evidence preservation,first execution,execution supervision and staged execution.December 17,2017,The Central Office of the Communist Party of China and the General Office of the State Council jointly issued the "eco-environmental Damage compensation system reform Program"(hereinafter referred to as the "reform program").The scheme proposes that from the New Year's Day of 2018,the system of eco-environmental damage compensation is tried in the whole country,which indicates that the whole country should start to implement this environmental rights and interests.The pilot program has achieved good results in the pilot provinces,and a large amount of fines has been issued,which has made the struggling enterprises face the threat of bankruptcy.The nationwide implementation of the reform program has put more enterprises under serious threat.However,enterprises in the consciousness,technology and system are not ready to deal with,how enterprises in these three aspects of coping strategies,is particularly critical.Therefore,at the same time,the Government should establish and perfect the compensation system of ecological environment damage,and the enterprise should have the crisis consciousness in advance,and make the corresponding countermeasures in advance in consciousness,technology and system.First,strengthen the consciousness of environmental legal risk.To strengthen the publicity and education of environmental protection law knowledge in enterprises,gradually establish and improve environmental law risk prevention and control measures,and constantly create a good ecological protection incentive and restraint mechanism to ensure that managers and ordinary employees have a strong sense of environmental protection,and this awareness into the details of the work,the real protection of the environment,and to earn profits for the enterprise.The second is to improve the litigation strategy of compensation cases.Enterprises must understand the relevant legal system,it is clear that the compensation and compensation scope of eco-environmental damages should be treated seriously when faced with compensation and lawsuit,and establish a special response Working group,so as to carry out the investigation and verification of the compensation cases actively,so that we can put forward the real way to deal with them.To effectively reduce the loss of enterprises,it is recommended to hire professional lawyers to participate in litigation,the professionalism of lawyers can enable enterprises to reduce compensation,to the scheme.Through concrete implementation,can meet the ecological environment damage repair and compensation of the realistic requirements,and will effectively crack the "enterprise pollution,the mass victimization,the government pays" the predicament,at the same time led the ecological environment damage Appraisal industry and the ecological environment repair industry and so on the development,earnestly protects the human common survival homeland and the People order to prevent the huge compensation,can create the related fund management greatest extent possible to protect the interests of enterprises,reduce the amount of compensation.Third,improve the company's environmental management system.Since the Government has promulgated the corresponding eco-environmental damage compensation system,enterprises should continue to improve the company's environmental management system according to the actual situation.For the organization leadership,it is necessary to standardize the organizational leadership of the environmental decision-making system,to ensure that the leadership decision-making is correct and feasible,rather than randomly issued directives.In order to prevent the huge compensation,can create the related fund management system creatively,actively participates in the enterprise advantageous environmental insurance and so on,buys the insurance for the latent threat,avoids the huge compensation,the enterprise cannot respond.To continuously improve the environmental monitoring and environmental assessment system,many risks are predictable,must be the existence of the potential dangers of enterprises to prepare for the relevant inspection and measurement,in order to adjust the strategy in time.In case of ecological environment damage,it is necessary to establish a system of biological rescue and environmental restoration in time to minimize damage to biological and ecological environment,which is also an important way to reduce the amount of enterprise compensation.