Study On The Ecological Damage Compensation System

The problem of the ecological environment is more and more serious,the legal dispute about ecological damage which accompanied by it gets more and more.The ecological damage just focuses on the public environmental interests,the damage for environment itself,compared with traditional environmental infringement which mediumed as environment,it does not include damage to personal and property rights and interests.Ecological damage is not the type of "damage" in the current tort law system.We have sufficient theoretical basis and realistic foundation to establish a compensation system for ecological damage.Citizens pay more and more attention to the protection of environmental public interests,establishing the ecological damage compensation system is also better to achieve the fair distribution of ecological damage burden and implement the concept of sustainable development.In 2017,General Office of the CPC Central Committee,General Office of the State Council promulgated the Ecosystem Damage Compensation System Reform Program in the end of 2017 and try the ecological damage compensation system nationwide.It indicates that the establishment of ecological damage compensation system has entered a new stage.The reform program mainly stipulates the principle of the project,the scope of application,the job content which contains the obligors and the claimants,the ways to take liability,and the supporting measures of corresponding technical,funds management and so on.It created a new relief mode called Consultation,the nature of consultation mechanism is not the same as the administrative measures' s.Consultation is an efficient and cost-saving dispute resolution.The government consulted with the obligor on an equal footing.At present,establishing a ecological damage compensation system faces three aspects of the problem.At first,from a legal perspective it lacks legislation and has no perfect legal system to protect it.The legislation related to environmental protection also lacks awareness of ecological environment protection and scientific outlook on development,ignoring the importance of ecological environment.Secondly,take the reform program as the background,the system itself has many issues,such as narrow scope of obligor,single claimant,unclear division of responsibilities,lack of provisions on compensation for preventive ecological environment damage,incomplete scope of compensation,tough operation about restitution and so on.Thirdly,ecosystem damage compensation system lacks the corresponding support measures.Therefore,to establish and improve ecological damage compensation system should start from three aspects.Firstly,we need to establish en ecological damage compensation law and modify other single-line law to perfect the.legal system of ecological environment damage compensation,change the legislative philosophy and adopte the legislative guiding ideology of " adhering to the scientific development concept and realizing sustainable development”.Then it has to perfect the system itself like extending the scope of damages,formulating the repair standard of " restitution",clarifying the scope of damages,Incorporating preventive ecological environment damage compensation,expanding the range of claimants and obiligor,clarifying the division of labor and positioning of the government as the claim subject,expanding the remedy way of damage dispute from the perspective of protecting ecological interests,.Last but not least,we also have to establish and improve the related supporting measures for ecological environment damage compensation,establish environmental insurance liability system and fund system,improve the appraisal and assessment system of ecological environment damage,and strengthen public participation,which reflect the socialization of ecological damage responsibility commitment and diversification of ecological damage dispute handling mechanism.In this way we can ensure the ecological damage compensation can be smoothly implemented and the ecological damage compensation legal system can be established comprehensively.