Study On China's Compensation System For Ecological Environment Damage

The concept of compensation for damage should be understood in a broad sense and in a narrow sense,and the former is consequence of penalty for damage while latter is the result of compensation for losses.Clarifying the connotation of compensation for Eco-environmental damage is the theoretical premise of solving the problem in practice.Currently,in response to the call for the "Eco-environmental Damage Compensation Reform Plan",many provinces and cities have formulated measures for the management of compensation for Eco-environmental damages,which specify the source of the compensation,the scope of use,and the method of use.It also provides guidance objectively for the management and use of compensation funds for ecological environmental damage,but there are still many problems,mainly including:(1)The effective grade of management measures formulated by some administrations is too low,and the legitimacy of the Special fund account is insufficient.(2)In practice,there are no same subjects or even no a clearly recipient who got compensatory fund in different places,which leading the court's decision to become a dead letter.The existing compensation management model also has problems of insufficient public supervision.(3)The use of compensation is not clear in some areas,making it difficult to use compensation for ecological restoration.Besides,the approval process for compensation is too complicated and is not conducive to the development of environmental restoration work.There are many reasons for these problems.For example,the system is not perfect,the time for reform and exploration is short,the experience is insufficient,and the compensation is difficult to reach.In response to these problems,the proposed improvements are as follow:(1)Improve the effectiveness of management methods and strengthen their legal effectiveness.(2)Clear and specific compensation recipient body.Establishing the justification basis for the payment of compensation to the treasury model.(3)To determine the application of compensation;To establish the ministry of environmental protection as the main user of compensation,which is responsible for using the compensation for the restoration of the Eco-environment.In addition,Compensation for Eco-environmental damage should be used through a government-led market-oriented model.