Research On The Legal System Of Environmental Damage

Ecological damage is the damage to the ecological environment itself,it includes environmental pollution and ecological damage,and is a kind of public environmental welfare damage.The damage of ecological environment is mainly remedied by administrative law and environmental law.However,the public law of environmental law as a typical external control means,its mechanical properties and linearity stifle the enthusiasm,initiative and creativity of counterparts.it is also expensive to run.In the process of environmental protection,the local and interdepartmental power competition harms the public interest.And as a penalty for administrative penalty,the amount of the calculation is not directly proportional to the severity of the consequences.It causes the ecological environment to damage the government's footing.environmental tort is a kind of traditional damage of the person,property and spirit,it is a kind of private interest damage.Tort law,as an important part of civil law,plays an important role in the relief of private equity.Although the environmental tort is a kind of special tort,its private law attribute determines the personal,property and spiritual damage caused by the environment,and the damage to the environment itself is often inadequate.The ecological environment damage and environmental tort has deep roots,the establishment of environmental civil public interest litigation system and the provisions of article 64 of the environmental protection act require civil tort law to respond.The ecological compensation system reform plan of ecological environment damage that was came on in 2007 relief claims damages this kind of means,is surely an ecological environment damage relief can refer to the provisions of the tort law.Therefore,tort law and environmental law must be coordinated and responded to realize the comprehensive relief of ecological environmental damage.To realize the scientific and reasonable and comprehensive benefits of ecological environment damage,our country need to draw on the legislation practice of "systematization and perfect social relief of ecological environmental damage compensation system",summarize pilot experience and cooperate tort law and environmental law and in accordance with the principle and framework of the reform plan of the ecological environment damage compensation system,a compensation law for ecological environmental damage or compensation shall be formulated.The main content of the law or regulation should include the compensation right holder and the obligor,the constitutive elements of the responsibility and the disclaimer,the damage compensation procedure for the ecological environment,the fund management,the public participation and the ecological environmental damage assessment system.Also,it needs to play the role of social relief of ecological environment.In this way,we can truly maintain the ecological environment and promote the development of ecological civilization.