The Ecological Damage Compensation Issues Research

The development of the economy is often accompanied by the ecological environment,Subject to the traditional "first pollution,after treatment" concept of development,the national economy is growing fast and in the same time the ecological environment has been seriously damaged.Fog haze and other adverse weather spread and frequency increase,the daily life of residents have been affected,which cause the whole society's attention.No matter,environmental law as a new discipline,whether its theoretical research or practice from the discussion,are not yet mature and systematic,so there are a lot of thorny problems to be resolved.Environmental civil public litigation creative expansion of the scope of the plaintiff,so ordinary people enter the proceedings to face environmental pollution and ecological damage."Pollution should be compensated",the ecological and environmental pollution damage cases in the compensation should not be controversial,which is consistent with the basic principles and logic.However,in the actual case,the ecological damage cases and environmental pollution cases involves a huge amount of compensation and lack of management,all places are also in the central spirit of the premise,which caused a certain degree of disorder phenomenon.The essence of the law is the order,as a civil law country,China adhere to the legislation into a culture,scientific,judicial logic,justice,But we know law enforcement democratization,rationalization,treat ecological damage compensation problem is not perfect,China has not formed its own standard system of science,nor has it established a system for the identification of operational systems,such as system design and convergence.These have hindered the implementation of ecological damage compensation and provided the direction for the development of the full text.This paper is divided into four parts:In the first part,the definition of the relevant concepts is mainly defined,and the "damage" and "environmental damage","damages" and "ecological damages" are distinguished,which highlights the "environmental damage" "Ecological damage compensation" of the particularity and the "ecological damage compensation" proposition laid the foundation for the study.The second part analyzes the dilemma and difficulties faced by the current ecological damage compensation from the theoretical level.On the one hand,it analyzes the value of the ecological damage compensation system and the choice of its leading subject.On the other hand,from the aspect of environmental protection rights,,Damage to the fact that the level of the relevant interests of the game.The third part analyzes the dilemma and problems faced by the current ecological damage compensation from the practical level,especially from the legislative level,the judicial level and the law enforcement level,which expounds the imperfect legislation,the unscientific law and the law enforcement of the current ecological damage compensation Difficult to implement the problem for the last chapter of this article-the system designed to pave the way.The fourth part mainly discusses the system-design and feasibility of ecological damage compensation.The macro-level is mainly from the institutional concept,the system value and the system connection,the micro-level focuses on the analysis of the ecological damage compensation source,the way,the management,the operation and the related auxiliary system necessary to construct the conjecture And argumentation.