Research On The Legal System Of Compensation For Ecological Environment Damage In China

Over the past decade,with the cumulative effect of environmental pollution,the overall quality of China's environment have showed a downward trend,Environmental pollution emergencies or cumulative ecological damage can lead to serious adverse changes in the physical,chemical and biological functions of the ecological environment itself.China's environmental pollution and ecological damage caused by the ecological imbalance increased risk,highlighting the seriousness of China's environmental problems.Tracing environmental damage liability requires a sound legal system.Compared with the traditional environmental tort,Although the ecological environment is stopped,the damaged environment,if it can not be repaired,will accumulate and accumulate new damage.This paper analyzed the current situation of legislation in our country and the case of environmental public interest litigation in recent years,and systematically studied the legal system of compensation for ecological environment in China.First of all,to define the concept,from the definition of the concept of ecological damage to foreign countries and the definition of the concept of domestic ecological environment to start,through comparison and analysis of the meaning of the ecological environment damage made their own elaboration;At the same time,the paper summarized the current situation of the legislation of ecological environment damage compensation in our country,and extracted from the main legislation of compensation for ecological environment damage,the legal provisions of compensation scope,the assessment of damage assessment and the relevant legal provisions of damage relief.Secondly,it analyzed the environmental public interest litigation cases of ecological environment damage compensation in our country,Through the introduction of typical cases,and analysis of the main issues of the dispute and the case of the referee.Through the analysis of the judicial practice,summarized the legal system of ecological damage compensation in China.China's ecological environment damage the legal system there are the following five questions:(1)The uncertainty of litigation of the subject of compensation for ecological environment damage;(2)The scope of compensation for ecological damage is difficult to define;(3)The way of liability for compensation for ecological environment damage is single;(4)The evaluation system of ecological environment damage is incomplete;(5)The lack of compensation system for ecological environment damage.In view of the above problems,the environmental public rights and interests have not been included in the scope of legal protection.The legal system of ecologicajl environment damage assessment and imperfections in ecological environment damage is not perfect.Finally,the author puts forward some suggestions on the legal system of ecological damage compensation in our country.Such as determining the suitability of the main elements of the ecological damage claim and the refinement of the scope of compensation for ecological damage in China.