Research On Ecological Damage Compensation System

This article is based on the basic theory of the ecological damage compensation system and draws on the experience of the United States and Germany in legislation.Discuss how to perfect China's legal system of ecological damage compensation.This article focuses on the concept of the ecological damage compensation system in China,the reference significance of the extraterritorial ecological damage compensation system in China,the main body of compensation for ecological damage compensation,the principle of liability and constitution of ecological damage liability,and the assumption of ecological damage liability.The following is a summary of the main contents of each part of the paper.Chapter One.Introduction.The background of this topic,research significance,research methods,etc.are briefly expounded,and the relevant domestic and foreign research literatures are summarized and summarized.Chapter Two.Ecological Damage Compensation System Overview.This chapter first introduced the concept and characteristics of ecological damage,compared the differences between traditional environmental infringement and new ecological damage,and proposed the special features of ecological damage compensation.Then it describes the emergence and development of ecological damage compensation;then it discusses the relationship between ecological damage compensation system and environmental public interest litigation.Finally,it analyzes the status and insufficiency of ecological damage compensation system in China at this stage.Chapter Three.Compensation System for Ecological Damage outside the Territory and Its Enlightenment.Analyzes the ecological damage compensation system in American and in Germany.And compare it with our country's ecological damage compensation system and demonstrate its reference value.Chapter Four.Ecological damage compensation claim body.This chapter sums up the three claimants,which are: administrative agencies,environmental protection organizations,and prosecutors.Chapter Five.The Principle of Liability Fixation and Elements of Ecological Damage Compensation.This chapter first discussed the principle of no-fault liability of China's ecological damage compensation system.And then discussed the constituent elements of ecological damage compensation,including ecological damage behavior,ecological damage facts,causality between damage behaviors and damages.Chapter Six.Ecological damage liability.This chapter is the focus of this article.It first discusses the main body of responsibility for ecological damage compensation,and then discusses the responsibility method of ecological damage compensation.Then the scope of compensation for ecological damage was demonstrated,and the evaluation procedures and social relief methods for ecological damage were analyzed.Finally,it analyzes the reasons for the reduction of ecological damage liability.