Research On The Principle Of Liability Fixation For Damage Of Ecological Environment

According to the difference of the object of damage,the liability for environmental damage can be divided into the traditional environmental tort liability for personal right and property right and the damage to the ecological environment itself.The liability for damages of ecological environment is different from the traditional environmental tort liability in terms of its concept,nature and characteristics,so it also has its own unique aspects in the application of the principle of imputation.Because the system of compensation for damage of ecological environment in China is not perfect as a whole,there are many contradictions and irrationality in relevant laws and regulations,which leads to the simplification of liability principle of liability for damage of ecological environment and unreasonable distribution of responsibility and so on.Using the advanced experience of the principles of ecological environment damage attribution,such as Germany,Japan and other countries,learning the principle of liability for fault liability and the principle of no fault liability,classifying and applying different principles of imputation to our country's ecological environment damage behavior,and paying attention to relevant supporting laws and supporting Societies at the same time.Except for the introduction and conclusion,this article is divided into three parts:The first part is the basic theory.This part first analyzes and defines the concept,nature and characteristics of the compensation responsibility for the damage of the ecological environment.Combined with the characteristics of the imputation principle,the connotation of the liability principle of compensation for environmental damage is defined as a whole.At the same time,it introduces the basic connotation of two kinds of attribution principles of fault liability and no fault liability,with a view to lay the foundation for the following theoretical analysis.The second part is about the existing problems of the principle of liability for compensation for the damage of ecological environment in China and the analysis of the reasons.The existing problems mainly include the simplification of the principleof liability,the unreasonable provisions of defense,the absence of corresponding social security system and unreasonable liability.The reasons include the contradictions in the relevant legislative provisions,the lack of classification of the types of ecological environmental damage,the overall imperfect of the compensation system for the damage of the ecological environment and the lack of attention of the government's responsibility.The third part is about the perfection of the liability principle of compensation for ecological environmental damage in China.Drawing on the advanced experience of the principle of liability attributable to the compensation liability for ecological environment damage abroad,this paper classifies the ecological environment damage behavior in our country and strictly stipulates the countermeasures,and improves the relevant legislation and the supporting socialization system.