An Empirical Study On The Legal System Of Environmental Damage Assessment In China

With the rapid development of China's economy,because people do not pay attention to the way of economic development,China's environmental problems are becoming increasingly prominent,and the number of environmental damage cases is also increasing.Damage compensation is an important and difficult problem in environmental damage cases.The key to solving the problem of environmental damage compensation lies in the legal system of environmental damage appraisal and evaluation.The legal system of environmental damage appraisal and assessment in China has been established relatively late,and there are still many problems.Based on the current situation of environment and economic development in China,China needs to build a legal system of environmental damage assessment with Chinese characteristics.The article is divided into three parts.The first part is the introduction,which introduces the background and significance of the topic,the purpose of the study,the research summary at home and abroad,the research methods and the writing ideas.The second part is the text of the article,including the first chapter,the second chapter,the third chapter,the fourth chapter and the conclusion.In the first chapter,three legal issues are sorted out through the analysis of ten typical cases,namely,the three common controversial focus of the case-the admission and management system of the environmental damage appraisal institution,the application mechanism of the virtual governance cost method,and the operation norms of the environmental damage forensic appraisal procedure.The second chapter is the analysis of the current situation of the legal system of environmental damage appraisal and assessment in China.According to the size of the legal rank,the current legal provisions of three controversial focuses are sorted out.The third chapter mainly analyses the specific issues of the three controversial focus,and the fourth chapter puts forward corresponding suggestions to improve the specific issues.Firstly,in terms of the admission and management system of environmental damage appraisal and assessment institutions,the article puts forward two specific suggestions in view of the unclear access conditions and the imperfect management system: one is to clarify the admission conditions of appraisal and assessment institutions;the other is to improve the management system of appraisal and assessment institutions.Secondly,in terms of the application mechanism of the virtual governance cost method,this paper puts forward two suggestions to clarify the applicable conditions of the method and to standardize the rules for determining the "environmental function sensitivity coefficient".Thirdly,in the aspect of perfecting the operation norms of environmental damage forensic appraisal procedure,the article puts forward three suggestions: firstly,to increase the starting mode of forensic appraisal procedure,secondly,to improve the appearing procedure of forensic appraisers,and thirdly,to establish a substantive cross-examination procedure of forensic appraisal opinions.The conclusion part is the general conclusion of the article and the deepening of the article's views.This paper makes an empirical study on the legal system of environmental damage appraisal and assessment in China from three perspectives of subject,method and judicial procedure,namely,finding,analyzing and solving problems through the cases.The third part is the basic situation of article writing,including references,resumes and thanks.