Research On Tort Liability System Of Ecological Interest Damage In The Context Of New Era

Ecological damage has become one of the focal points of global concern,and its impact on China cannot be ignored.General Secretary Xi Jinping made it clear in his report to the 19th National Congress:"After a long period of efforts,socialism with Chinese characteristics has entered a new era.This is a new historical orientation for China's development." In the context of the new era of socialism with Chinese characteristics,historic changes have taken place in the cause of the Party and the state,and major changes have taken place in China's major social contradictions.In the face of huge changes in the social,political and economic systems,the construction of ecological civilization has become a new topic that China must deal with in the new era.General Secretary Xi Jinping made it clear:"We should firmly establish the concept of socialist ecological civilization,resolutely fight hard for environmental protection,and create a good production and living environment for the people.Naturally,we should be calm,harmonious and beautiful." This target task puts forward higher standards and stricter liability requirements for the construction of the ecological civilization rule of law system.The Constitutional Amendment of 2018 incorporates "ecological civilization" into the Constitution,which provides constitutional guarantee for the construction of the legal system of ecological civilization in the new era.However,in the process of building the legal system of ecological civilization in China,the most prominent problem is that the system of compensation for damage to ecological interests is not perfect.At present,the issue of compensation for damage to ecological interests in China mainly relies on tort liability law and relieves through the path of environmental civil public interest litigation.However,due to the limitations of tort liability law itself and the imperfection of environmental civil public interest litigation system,there are still some imperfections in the system of compensation for damage to ecological interests in China,such as the limitations and damages of the scope of the subject of claim right.The scope of compensation for damages is narrow,the principle of liability fixation and the rules of proof are not perfect,and the way of responsibility assuming is not suitable,etc.This paper intends to analyze the related concepts of tort liability for damage to ecological interests,and explore the way to improve the system of tort liability for damage to ecological interests,combining with the current legislative situation and judicial practice in China,so as to further promote the improvement and development of the protection mechanism of ecological interests and the system of compensation for damage.