Perfecting Legislation On Civil Liability Mode Of Ecological Environment Damage In China

At present,the application and implementation of civil liability for ecological environmental damage in our country are facing difficulties.Most of the provisions of the legislation are general in principle,lack of coordination between each other,vague and even conflict in application,and have not been integrated into a complete and efficient legal system.Through the improvement of legislation on liability for ecological environmental damage,this paper discusses the specific applicable rules and existing legal problems in the three liability ways of excluding harm,restoring the original state and compensating for loss,overcomes the limitation of current policy legislation,helps to effectively repair the damaged ecological environment or effectively prevent the ecological environmental damage that may occur in the future,provides legal system guarantee for the way of liability for ecological environmental damage,improves the operability of legal application in the specific judicial practice,and optimizes the way of determining the responsibility for ecological environmental damage.so as to effectively protect the ecological environment,solve the increasingly serious problem of ecological environmental damage,and ensure that citizens make full use of and enjoy the rights and interests of the ecological environment.The following are the main elements:The first part mainly clarifies the basic attributes and characteristics of ecological environment damage,clarifies that the compensation relief for ecological environment damage is the public interest,and analyzes the types of ecological environment damage combined with the present situation.The second part analyzes the way of ecological environment damage and general tort liability,and expounds three types of civil liability mode of ecological environment damage,that is,the applicable rules of preventive,restorative and compensatory liability mode.The necessity and feasibility,applicable conditions and applicable standards of the three modes of responsibility are expounded in detail.The third part focuses on the problems existing in the current judicial practice in the way of civil liability for ecological environmental damage.Through typical cases,the existing application conditions are not clear,the principle of interest measurement is missing,the use of responsibility mode is confused,the scope of responsibility is not clear,the payment method is not clear,the treatment mechanism is single,and the lack of socialized sharing mechanism is expounded.The fourth part expounds the legislativeperfection of ecological environment damage liability mode.On the basis of comparing and analyzing the foreign legislation on liability for ecological environmental damage,combining with the current situation of our country,we can fully draw lessons from the rules and regulations such as prohibition order,partial cessation of infringement,alternative restoration,punitive damages and standard of ecological environmental damage.In order to form a unified system of ecological environmental damage liability system,it is applied to the judicial practice of our country in order to safeguard the social rule of law and protect the ecological environment interests.