Research On The Mechanism Of Liability For Ecological And Environmental Damage

At present,the reform of ecological civilization system has entered a crucial period,and the problem of environmental damage needs to be solved urgently.In view of the shortcomings of the liability system for ecological environmental damage in current judicial practice,such as the lack of innovation in compensation method,the specific liability provisions are general,and the lack of legislative guarantee,how to assign responsibility after the occurrence of ecological environmental damage has become one of the controversies in the field of environmental law.At present our country ecological environment damage responsibility mechanism is still in the exploratory stage,the need to further improve the responsibility mechanism,this paper takes responsibility system as the breakthrough point,combined with the problems in the judicial practice and foreign experience,put forward to build responsibility way type as the core,the perfection of the relevant supporting system as the auxiliary,consummates our country ecological environment responsibility mechanism,to provide institutional guarantee for China's environmental legal system construction,promote the reform process of ecological civilization in China.The main content of the thesis mainly includes the following five parts:The first part of the paper,the introduction part.This part mainly explains the reasons and significance of the topic selection of the paper,and points out the importance of improving the mechanism of ecological environmental damage liability.Secondly,the research status at home and abroad is briefly sorted out,and finally,the main research methods used in the paper,as well as innovation and shortcomings are introduced.The second part is the present situation and shortage of the liability mechanism of ecological environment damage in China.This part firstly defines the concept of ecological environmental damage,points out that it is different from the private law,and clarifies its specific concept connotation to pave the way for the following research.Secondly,the paper explains the current situation of the liability for ecological environmental damage in China,and points out that China is still in the exploratory stage.In the end,this paper makes a detailed explanation of the shortcomings of the liability undertaking mechanism of ecological environmental damage in China,and points out that there are some practical problems such as the lack of innovation in the way of liability undertaking,the lack of substantive legal basis,the lack of specific connection of litigation procedures,and the general provisions on compensation.The third part is the present situation of the foreign liability mechanism for ecological environmental damage and its enlightenment to China.This part mainly selects the United States and the European Union countries as the typical representatives and USES the comparative analysis method to expound the system provisions of the foreign countries on the responsibility bearing mechanism,so as to provide practical experience and inspiration for the improvement of the responsibility bearing mechanism in China.The fourth part is the typification of China's liability for ecological environ mental damage.This part is mainly aimed at the lack of innovation in the mod e of ecological environmental responsibility.Based on the construction of typi fied mode of responsibility responsibility,the detailed provisions of specific re sponsibility responsibility are discussed in detail,and the relevant Suggestion s for improvement are put forward.It mainly involves four types of liability:pre ventive liability,reparative liability,compensatory liability and personality liabili ty.In the fifth part,other Suggestions on the perfection of the liability mechanism for ecological environmental damage in China.This part mainly for except responsibility way on the other issues,the improvement of the given responsibility mechanism not only depends on the way of responsibility regulation,also put forward to perfect the relevant supporting system,the relevant entity law,provide a powerful legal protection,perfect the rules of litigation cohesion,enhance operability,clear the liability for compensation range,reasonable compensation fees,set up special fund management compensation nuclear repair fees and other supporting system construction.