Study On The Legal System Of Marine Ecological Environment Damage Assessment And Evaluation

The rapid development of economy has brought an increase in marine ecological environment damages caused by land-based pollutant discharge,ship oil spill and discharge,marine pollution and waste dumping,and coastal engineering.For instance the tanker oil spill in the Tasman Sea,conoco oil spill accident and the like that happened in recent years have polluted the marine environment as well as the marine ecology environment.Marine ecology which not merely violated the life,health and property rights of citizens,but also destroyed the functions of marine ecosystem.In the face of damages,the loss needs to be compensated and the ecology needs to be restored.However,marine environmental pollution and ecological destruction have the characters of a wide range of pollution and destruction sources,a wide variety of contaminants and destruction,increasingly strong continuity,and the irreversibility of consequences,which lead to the difficulties in determining damage causality and quantifying damages,Thus,it is necessary for third party organizations to identify and evaluate marine environmental damage events.The party's nineteenth report put forward the theory of life community.Ocean is the cradle of life and many creatures live in the sea.Constructing the legal system of marine ecological environment damage assessment is a necessary requirement for the realization of harmonious co-existence between human beings and nature.Therefore,China continues to improve the development of damage responsibility,appraisal and evaluation system,but there are still laws and regulations and technical norms imperfect,appraisal and evaluation of the main management system is not sound,appraisal and evaluation of the lack of credibility in the litigation and evaluation procedures are not standardized and so on.In this paper,the present research situations at home and abroad are summarized and analyzed through literature reading,the relevant concepts are legally defined,and the values of appraisal and evaluation in marine ecological environment damage are summed up from three dimensions of solving the appeals of damage dispute,determining and quantifying responsibilities as well as the development demands at home and abroad;The case analysis method is used to analyze the typical cases and to find out the main problems in the practice by combing the legal system of the assessment and evaluation of the marine ecological environmental damage assessment.Using the comparative method to learn from the advanced experience of foreign countries and based on the basic theories and principles,the suggestions for improving the legal system of marine ecological environmental damage assessment and evaluation are put forward.It is suggested that the legal regulations and technical norms should be perfected,the management system of the appraisal and evaluation main body should be perfected,the credibility of the assessment and evaluation of marine ecological environmental damage in the litigation,and the assessment and evaluation procedure of marine ecological environmental damage be clear so that the appraisal and evaluation can be based on laws and regulations.