Judicial Determination Of Compensation Amount In Environmental Public Interest Litigation

In order to relieve the environmental public interests infringed upon by the public,the civil litigation law and the environmental protection law give the relevant institutions and social organizations the subject status to file environmental public interest lawsuits.The supreme people's court and the supreme people's procuratorate also issued a series of judicial interpretations on the improvement of the environmental public interest litigation system,which played a positive role in promoting the orderly development of environmental public interest litigation.However,due to the fuzziness and uncertainty of the public's environmental interests,how to determine the scope and amount of compensation for ecological and environmental damage and how to remedy the infringed environmental public interests accurately has been a constraint to the standard development of environmental public interest litigation.It is great of significance to solve the problem of qualitative and quantitative damage and realize the accurate quantification of compensation amount to protect the public interest of the damaged environment.Based on a paper company water pollution case as an example,through the system research on the ecological environment of the people's court in the process of the trial to the case the object and scope of damage compensation relief,explore the law and relevant judicial interpretations of the ecological environment damage compensation responsibility shall be investigated for the purpose,object and scope of relief,determine suitable amount of calculation basis and method,and on the basis of evaluation and judgment in the case of the people's court at the trial to determine the compensation follows the principle of the calculation method and standard,summary refining damages in the environmental public interest litigation should follow the principle of judicial logic and the amount of calculation,It is suggested to perfect the criterion and standard of determining compensation amount from the following aspects: the determination of compensation scope,the improvement of damage assessment mechanism,the unified calculation method,and the formation of judicial specialization of environmental damage.