Legislative Model Choice Of Compensation For Ecological And Environmental Damage In China

In view of the fact that the current research perspective in the field of compensation for ecological and environmental damage in China is biased towards the judicial level,the author tries to study the legislative model of the system from the perspective of legislation.Because the choice of legislative mode is related to the current legislative situation and legal form of a country,the research on related problems is bound to involve the environmental legal system and the tradition of environmental legislation in a country.Considering that there is no mature legislation on compensation for ecological and environmental damage in China at present,the author has selected the normative texts of some foreign countries for brief analysis and comment in order to provide reference for the choice of legislative mode in China in the future.Specifically,first of all,this paper starts from the conceptual field.The research and practice achievements in the field of compensation for ecological and environmental damage in China in recent years are summarized briefly from four aspects:the present situation of legislation,the theoretical controversy,and the pilot practice.After that,in order to clear the boundary between environmental legislation and environmental justice,to solve the chronic problem of lack of illegality and defense norms,to clarify the rights and respon-sibilities of the relevant subjects,and to realize the practical needs of linking up with other environmental legal norms.The necessity of the legislation of this system is preliminarily demonstrated.Then,we choose four representative extraterritorial legislative models,that is,Sweden's"environmental codification"model and France's"Civil Code chapter".Model,the"decentralized" legislative model of the United States,and the "comprehensive" legislative model of Germany,Britain,Cyprus and other countries,the legislative background and institutional structure are analyzed and deconstructed in detail.Finally,on the basis of criticizing and absorbing foreign legislative experience and combining with the actual needs of our country,this paper puts forward that the "combined"legislative mode should be adopted at the present stage,which is composed of three parts of "amending the basic Law,perfecting the single-line Law and formulating the Special Law".In order to promote the transition of environmental legislation from "split type" to "special type",the system of compensation for ecological and environmental damage in the future of our country is constructed in order to promote the transition of environmental legislation from "split type" to "special type".