The Perfection Of China's Ecological Environmental Damage Compensation System

The compensation system for ecological environmental damage is still in its infancy in China,and it is currently based on environmental public interest litigation and the government's ecological damage compensation lawsuit.This article does not stick to the similarities and differences between different remedies,and chooses the common problems existing in practice and the connection of related systems.The article begins with the meaning of ecological damage,and analyzes the characteristics of ecological damage and the main content of the compensation system.The research focused on the current assessment and evaluation system for ecological environmental damage,the consultation system for compensation for ecological environmental damage,the litigation system for ecological environmental damage compensation,and the implementation system for compensation for ecological environmental damage.Regarding the appraisal and evaluation system for ecological environmental damage,this paper believes that the main problems are:the environmental damage identification and evaluation law and related technical standards system are not perfect,the coordination mechanism is not perfect,and the appraisal and evaluation technology system has not been established.The suggestions are as follows:improve the legislation,clarify the appraisal subject,scope,and organization;establish a strict appraisal and evaluation agency legal responsibility and management mechanism;the court and the parties actively cooperate to obtain the unified opinions of both parties,so as to ensure the reasonable use of the parties Appraisal of the application right,and effectively prevent the occurrence of repeated application for identification due to professional issues.Regarding the consultation system for compensation for ecological environmental damage,this paper believes that the main problem is that the legal nature of the compensation for ecological environmental damage compensation is not clear;the choice between ecological environment interests and other social public interests.The recommendations are:clarify the content and procedures of the consultation,and strengthen public supervision and judicial relief.Regarding the compensation system for ecological environmental damageCompensation,this paper believes that the main problems are:the nature of the litigation is not clear,the subject of the prosecution is unclear,and there is a lack of communication and coordination between the relevant litigation procedures.The proposed suggestions are:further legislation to clarify the nature of different litigations and corresponding litigation requests,clarify the litigation order of different subjects,and allow different litigations to be connected to each other to save judicial resources.With regard to the implementation system of compensation for ecological environmental damages,this paper believes that the main problems are:the nature and scope of use of compensation for ecological environmental damages are not clear;the implementation procedures for compensation for ecological environmental damages are not perfect;and the implementation of compensation for ecological environmental damage compensation funds is lacking.The proposed suggestions are:to improve the laws and regulations on the use of compensation for ecological environmental damages;to clarify the scope of use of compensation;to implement new payment methods such as installment payments and non-monetary payments;and to establish specialized fund management institutions.