| The existing legal system has slightly lagged behind the pace of economic development,can not well contain the occurrence of ecological environment damage,need to explore new ways to regulate it.The Reform Plan of the Compensation System for Eco-environmental Damage is the product of the situation.In recent years,the phenomenon of eco-environmental damage is mainly based on the pollution of enterprises,and the predicament of "the masses suffer,the government pays for" has always existed.The existing legal system is difficult to solve this problem.Therefore,China first introduced the "Pilot Scheme for the Reform of the Compensation System for Eco-environmental Damage",and then promulgated the "Pilot Scheme" after the pilot has achieved good results.The reform plan.The government’s right of claim for ecological environmental damage proposed in the plan is the focus of the reform plan,and the current situation of the exercise of this right is the subject to be elaborated in this paper.The government’s right of claim for ecological environment damage is a new kind of right.The system of compensation for ecological environment damage is still under construction,and the laws and regulations are not perfect.In the process of exercising this right,the government will inevitably encounter situations that can not be relied on.This paper will be divided into four levels to analyze and study the current situation of the exercise of the government’s right of claim for ecological environmental damage.The first part introduces the basic concepts of the government’s right to claim for damage to the ecological environment.This part is divided into two aspects.Firstly,the concept of government claim right and related concepts are elaborated in order to have a preliminary understanding of what the government claim right for ecological environmental damage is.This paper mainly expounds the scope of ecological environment damage and distinguishes the government’s right of claim for ecological environment damage from the government’s right of environmental supervision and right of environmental claim.Secondly,the rationality and legitimacy of the government’s right to claim for damage to the ecological environment are proved by discussing the theory of state ownership of natural resources supported in the scheme and the theory of environmental rights supported by the author.It lays a goodfoundation for the government to exercise the right of claim for ecological environmental damage.The second part evaluates the current situation of the government’s right of claim for ecological environmental damage in China.Firstly,this paper mainly discusses the "Reform Program" and makes a brief analysis and summary of the relevant legal systems such as the "Environmental Protection Law of the People’s Republic of China".Secondly,three advantages of exercising the right of claim for ecological environmental damage by government departments are analyzed.Finally,three prominent problems in the exercise of this right are analyzed,such as the connection between the ecological environment damage compensation system and the environmental public interest litigation system.In the third part,the author finds out that three government claim systems for ecological environment damage have been relatively mature,and analyses and draws lessons from foreign countries which have great reference significance for our country.Among them,the public trust theory of the United States,the dual compensation right holder system of the European Union and the two types of claim subjects of Russia have a strong reference significance for our country and a strong practicability.And their ecological environment damage compensation system has formed a system.For China,which only introduced the "Reform Program",their legislative experience can make us take less detours.The fourth part is under the analysis and discussion of the previous part,according to the study of the current legal system of our country,put forward three suggestions to improve the exercise of the right of claim of the government for ecological environmental damage at the present stage in our country: to establish a special law,the Law of Government Claim for Ecological Environmental Damage,to provide the legal basis for the government to exercise the right of claim for ecological environmental damage;to establish the above legal system and ring We should promote the reform of the existing environmental supervision mechanism and establish a new,diversified and stricter monitoring mechanism for ecological environmental damage,so as to ensure the smooth exercise of the government’s right of claim for ecological environmental damage in China.The establishment of compensation system for ecological environment damage in Chinais in full swing.Although the construction of compensation system for ecological environment damage started late in China,the vast number of scholars in China are actively exploring and expecting to establish a relatively perfect compensation system for ecological environment damage in 2020.Regarding the legislative experience of government claims for ecological environment damage outside China,we can find out the most suitable aspects for the development of government claims for ecological environment damage in China to study and draw lessons from,so as to make our country more efficient and complete the system of compensation for ecological environment damage suitable for the development of our country,and provide a solid legal basis for the exercise of government claims for ecological environment damage. |
