Research On The Rules Of Procedure Of Ecological Environmental Damage Compensation System

The study of the litigation rules of ecological environmental damage compensation is a special system construction on how to realize the compensation for ecological environment damage.The theoretical basis of the study is "the environmental is valued,the liability for damage," so the person who is responsible for causing ecological damage should be assessed for damage liability and be required to carry out special repair or financial compensation.To study the rules of action,we should explain the basic idea of their application,make clear the difference from the traditional rules of civil action and environmental civil public interest litigation,and ensure the judicial efficiency and professionalism of their application.First of all,the ecological environment damages litigation to solve the damage to the ecological environment itself,so we should exclude the application of personal damage as well as property damage.Secondly,the ecological environmental damages litigation is also different from the general civil action in the scope of compensation and the main body of prosecution.Meantime,the lawsuit for compensation of ecological environmental damage has not been separated from the litigation system,but it is only become a more specific and detailed provision for the restoration of the ecological environment.So we can narrow and fill the gap of public interest litigation from the aspects of logic self-consistency and so on.To ensure the analysis of the specialization of the rules of action,we should carry out from the necessity and feasibility analysis of the implementation of the system,clarify the basis for the construction of the rules.The first point is the necessity analysis.It mainly takes from the current environment civil public interest litigation to the ecological environment damage compensation lawsuit relief cannot,the damage responsibility principle realistic demand,the compensation system standardization urgency,the ecological environment damage compensation value core and so on.The feasibility analysis is mainly based on the current litigation rules system and judicial practice in China.In the judicial practice,the lawsuit for ecological environmental damages also faces the difficulties of imperfect system,lacking of applicable basic rules etc.Firstly,it is the problem of litigation for ecological environmental damages litigation,the right of prosecution of government departments and citizens,and the legal persons are required to improve theprovisions of the rights of action.In fact,it is the question of the lawsuit condition of the ecological environment damage compensation,mainly coming from the jurisdiction court,the pre-lawsuit evidence preservation,the lawsuit evidence and so on.Thirdly,aim at the urgency and diffusivity of the ecological environment pollution.It is necessary to make clear the focus of the dispute,the preservation of the evidence before litigation,and the first execution in the compensation litigation.Finally,the paper analyzes the existing problems and the necessity of perfection of the administrative organ supervision,judicial supervision and acceptance system in the field of ecological environment damage compensation.In view of the current ecological environmental damages litigation in the emergence,it still exists a number of problems,and we need to be improved from the following aspects.First,clarify the provisions of the main body of litigation for ecological environmental damages.Second,clear ecological environmental damages litigation pre-litigation evidence preservation,prosecution applicable to the identification of evidence and other issues.Third,from the aspect of the ecological environmental damage compensation procedures,we should clear the focus of the dispute between the parties,the initial implementation,acts of preservation and other content.Fourth,according to the purpose of compensation and the characteristics of ecological environmental damage recovery,we should improve the litigation judgment of the diversification of liability assumption.Fifth,improve the executive supervision of ecological environmental damage compensation,perfect the content of the supervisory responsibility of the administrative organs,clarify the supervisory responsibility of the procuratorial organs,and formulate a sound environmental repair and acceptance system.Hiring the professional technicians to check and accept the restoration of the ecological environment to ensure the effective restoration of the ecological environment.