Research On The State Compensation For Environmental Supervision Failure

China's current environmental infringement relief is dominated by the civil liability mechanism,and the social responsibility mechanism for environmental infringement is still not perfect.In contemporary society where environmental issues are more prominent,state compensation for environmental violations has become an established system in many countries.As a means of environmental infringement relief,state compensation is mainly a relief path for state organs and their staff members to suffer environmental damage caused by illegal or fault in the process of exercising state power,causing citizens,legal persons or other organizations to suffer environmental damage.However,in China,there has been a long-standing lack of sufficient attention to the issue of state liability for damage caused by environmental supervision and dereliction of duty that can be attributed to the government.This not only causes the practical dilemma of victims of environmental violations to obtain effective compensation,but also is not conducive to Strengthen the government's environmental regulatory responsibility constraints.To this end,China needs to establish a national liability system for environmental supervision and dereliction of duty to solve the problem of the lack of legal responsibility of the government in environmental infringement relief.This paper mainly analyzes and discusses the construction of the national compensation system for environmental supervision and dereliction of duty in the following aspects: The first part discusses the basic theoretical issues of the state compensation system for environmental supervision and dereliction of duty.This part clarifies what is the state compensation for environmental supervision and dereliction of duty.By expounding the main characteristics and the difference between the state compensation for environmental supervision and the state compensation for environmental torts,the basic meaning of the state compensation for environmental supervision and dereliction of duty is further clarified.The foundation of argumentation is laid;the second part analyzes the theoretical basis and legal basis of state compensation for environmental supervision and dereliction of duty,so as to fully demonstrate the rationality and legitimacy of state compensation for environmental supervision and dereliction of duty;the third part focuses on analyzing the state compensation liability for environmental supervision and dereliction of duty.The constituent elements include the objective existence of environmental supervision and dereliction of duty,the damage caused by environmental supervision anddereliction of duty,the legal rights and interests of victims of environmental pollution,the causal relationship between environmental supervision and the consequences of damage and the consequences of damage.The fourth part is about dereliction of duty for environmental supervision.The principle of imputation of the state liability and the burden of proof have been demonstrated.The author believes that the principle of fault liability is more effective in protecting the rights and interests of citizens than the principle of violation of law,and is more beneficial to the victim.And because the environmental damage case is a special infringement case.The State Compensation Lawsuit for Environmental Supervision and Dereliction of Duty shall implement the“inversion of burden of proof” rule,and the administrative subject shall bear the corresponding burden of proof.This is more conducive to the control of public power,to protect the private rights of citizens;the fifth part mainly discusses the allocation of state compensation liability and the choice of litigation procedures.The author believes that the civil liability for injurers and the distribution of state compensation for environmental supervision and dereliction of duty should be analyzed in detail,and the state compensation liability for environmental supervision and dereliction of duty should be determined as supplementary responsibility or full responsibility.It is suggested that in the legislative design,it can be clarified that the victim can choose the applicable administrative procedure or the civil procedure to seek damages according to the circumstances of the case.