Study On The Establishment Of Marine Ecological Damage Compensation Relationship And Its Influencing Factors

The construction of a strong ocean is an important part of Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era.The ups and downs of the ocean are closely linked to the rise and fall of the country.China is vigorously promoting the construction of a maritime power with the main content of developing marine economy,protecting the marine environment,innovating marine science and technology,and safeguarding maritime rights and interests.Protecting the marine ecological environment is also an indispensable part of the construction of beautiful China.The marine ecological damage compensation mechanism is an innovative mechanism for protecting and improving the marine ecological environment.It is necessary to ensure the fairness of compensation and achieve high efficiency of compensation.Therefore,this paper conducts an empirical study on the marine ecological damage compensation mechanism.Through the claim case of ConocoPhillips oil spill accident,the mechanism of the realization marine ecological damage compensation mechanism is analyzed.It is concluded that the economic conditions and judicial conditions in the judicial system are the key factors determining the compensation result.The judicial conditions include legal conditions,fact conditions and causal conditions.Three kinds.It also reveals the heterogeneity between the stability characteristics of the compensation results and the compensation standards and the actual cost of marine ecological damage,and deducts the realization path of the marine ecological damage compensation cases that have gone to judicial proceedings.Through the descriptive research and quantitative analysis of 368 Chinese marine environmental judicial judgments,the characteristics of the existing marine ecological damage compensation subjects in terms of nature and behavior have been clarified,and the relationship between the spatial and temporal characteristics of marine ecological damage cases and regional economic development.Verified.At the same time,the influence of substantive factors and procedural factors on the compensation results has made an exploratory discovery.The trial period of the case,whether the damage result is aquaculture damage,whether the nature of the plaintiff is the enterprise,the ratio of the plaintiff and the defendant,etc.Will affect the intensity of compensation.Based on the above research conclusions,this paper proposes three countermeasures: one is to face the technical barriers of the existing compensation cost accounting and appropriately improve the compensation standard;the second is to speed up the process of legalization of marine ecological damage compensation and improve the trial efficiency of judicial proceedings;Standardize the fine management of the marine industry and promote the healthy development of the marine economy.This article may have some innovations in research perspectives,analytical frameworks,and related conclusions:Firstly,the economic conditions and judicial conditions for establishing the relationship for marine ecological damage compensation are proposed.The latter are legal conditions,factual conditions and causal conditions.Whether it is the first-instance procedure or the second-instance procedure,the legal,factual,and causal conditions must be met at the same time to achieve compensation.On this basis,if the economic conditions are not met,the compensation relationship established in the first instance is fragile,and it is necessary to enter the second-instance procedure to reassess the compensation standard.At the end of the second instance,no matter whether the economic conditions are recognized by both the profit and loss,no appeal can be filed.Secondly,it proposes an empirical research framework for the marine ecological damage compensation in the trinity of “nature-behavior-response”.In this paper,the theoretical framework of the subject of marine ecological damage and loss under the law paradigm is extended to the nature-behavior-response "trinity" empirical framework,that is,the deconstruction of the subject is added by the two dimensions of "behavior" and "response" on the basis of rich nature attributes.process.“Behavior” refers to the ways in which the profit and loss entity influences the marine ecology,including positive and negative impacts.Marine ecological damage reflects the negative impact of the subject's behavior;“response” refers to how the human system such as the economy conducts the marine ecosystem.In response,there are many forms such as spatial response,time response,and system response.Thirdly,an empirical study is conducted on the judicial judgment on the marine ecological damage compensation.For the first time,this paper takes the judicial judgment documents related to marine ecological damage compensation as the research sample,and extracts the indicators of compensation subject,compensation subject,time,region,compensation amount and trial period,and comprehensively quantifies it by using economics theory and method.Analysis and analysis of the real-life cases,identified several indicators of the realization of marine ecological compensation and the significant impact of compensation,thus clarifying the substantive and procedural aspects that can be focused on in the process of formulating and developing the marine ecological compensation system in China.The factors reveal the impact of the trial period and the damage result “whether it is aquaculture damage” on the results of marine ecological damage compensation.The longer the trial period,the lower the probability of the marine ecological damage compensation,the smaller the compensation,and the damage result is aquaculture damage,the lower the probability of compensation realization,and the smaller the compensation.