Study On The Development Direction Of The Compensation System For Ecological Environment Damage From The "State Of All" Theory Of Nature

Eco-environment damage compensation system refers to provincial and municipal prefecture-level governments(including district-county-level governments under the jurisdiction of the municipality directly under the central government,the same below)and their designated departments or agencies as the owners of ecological environmental damage compensation within the administrative area to the obligors.Environmental pollution and ecologically destructive behaviors directly or indirectly contribute to a series of adverse changes that can be observed or measured in the physical or chemical or biological characteristics of local or nearby ecological.environments,and the ability to provide ecosystem services to the environment itself.A system that causes certain damage or damages,negotiates compensation,or can not reach an agreement through consultations,and lodges a lawsuit with the people's court,mainly means the two parts of the eco-environmental damage compensation consultation system and the ecological environmental damage compensation litigation system.Since the pilot projects in seven provinces and cities including Chongqing and Shandong in 2015,there have been 11 cases of compensation for ecological environmental damages across the country.From an empirical perspective,the case has been analyzed from both the point and the face,and it has been found that there is a narrow scope of application.,The nature of consultation procedures is unclear,the problem of compensation quantification and standardization,the scope of rights holders' position and rights,the public participation and information disclosure,and the lack of lawsuits,are the key to the 9th Article of the Constitution.There are "cognitive" obstacles in nature.The simple "cognition" of natural resource national ownership is insufficient to meet the requirements of the reform of the ecological civilization system in the new era.It is necessary to analyze the nature of the"state ownership" of natural resources in order to clarify the reform points of the ecological environmental damage compensation system.Natural resources The theory of national ownership originated from the theory of commons and public ownership in Roman law and gradually evolved into the theory of public production in the civil law system and the public trust theory in the Anglo-American legal system.The academic community understands the nature of national ownership of natural resources.There is a distinction between legal rights and illegal rights.State ownership actually refers to the constitutional level that gives the state the power and responsibility to restrict private ownership.It regulates and restricts the public.The right to participate,supervise and supervise public affairs,and to promote and distribute public interests is a kind of legislative power and management power.It is not a private right in the traditional private law field that is based on property rights and personal rights.Based on this,the key development direction of the ecological environmental damage compensation system should be transformed into a consultation system for ecological environmental damage compensation,and it should be regarded as an enrichment of administrative means,instead of pushing administrative counterparts into ecological environmental damage compensation litigation cases.The defendant's seat is expected to achieve a new type of "income generation" by the government through this method.In 2017,the CPC Central Committee and the State Council promoted the reform of the ecological civilization system,promoted the issuance of the "Environmental Damage Compensation System Reform Program," and further accelerated the pace of the construction of the ecological environmental damage compensation system.Therefore,it is imperative that the development of the ecological environment be coordinated.The relevant trial rules for damages lawsuits use judicial power to limit the arbitrary expansion of administrative power.However,judging from the long-term perspective,the judicial interpretation is not effective enough,and can only regulate the trial.Therefore,it should regulate the ecological environmental damage compensation system through the dual structure of procedures and entities,and in the case of a system of environmental laws,Promote the process of environmental codexification.