Study On The Subject System Of Prosecution For Compensation Of Environmental Damage

With the transformation of the main contradictions in our society,the urgent demand for ecological environment protection in real life conflicts with many elements of the old concepts and systems.How to strengthen the protection of the environment under the situation of keeping the rapid economic development and making it react on the economic growth,that is to say,to dig out a new way of environmental protection that "the economy changes to the environment,and the environment promotes the economy",has become a major problem for a century.The reform of compensation mechanism for ecological environment damage is a very important part to solve this problem.At present,the reform has entered a deep-water period,and it is expected to achieve and complete the established goals and tasks.On the whole,the contents of the deepening reform have brought obvious influence and impact on the legal principles of environmental law(such as the functions and functions of environmental law),the current environmental public interest litigation system,the relationship between the power of environmental administrative supervision and the power of judicial adjudication,etc,thus triggering more fundamental and deep thinking of the theoretical and practical circles on the future of China's ecological environment system.Especially in June 2019,the promulgation of judicial interpretation(hereinafter referred to as "Several Provisions")of ecological environment compensation litigation in China is another great practical exploration in response to the times.However,this judicial interpretation is only a proper move to solve the different standards and scales of the relevant cases accepted and judged by the courts in different places at this stage.Its function is not to fix the case of ecological environment damage compensation.Therefore,there are still many difficulties in this mechanism.This paper selects the difficult problems in the reform of this mechanism,that is,the subject of prosecution for research.Starting from the cases of compensation for ecological environment damage in recent years,it finds that there are still problems such as unclear subject of prosecution,unclear order of prosecution,and difficult to apply in judicial practice.By using the thinking and way of rule of law,this paper analyzes the relationship between the litigation of compensation for ecological environment damage and the litigation of environmental civil public welfare,and makes a review of the theory and relevant legal provisions of the system of compensation for ecological environment damage,and puts forward the need to expand the scope of the subject of the prosecution of compensation for ecological environment damage,that is,the government,social organizations and procuratorates are all qualified for prosecution.And clear the order of the main body of the ecological environment damage compensation prosecution,that is: the government occupies the primary position in the main body of the ecological environment damage compensation prosecution,social organizations and procuratorial organs to supervise the auxiliary position.In other words,we should establish a three-level progressive litigation subject structure of "government social organization Procuratorate".On the basis of several provisions,we should further improve the system of compensation for damage to ecological environment,that is,we should formulate prosecution standards to avoid confusion between compensation litigation for damage to ecological environment and environmental civil public interest litigation;we should expand the pre scope of consultation to avoid repeated prosecution by multiple subjects;we should improve the existing system of rights and responsibilities to ensure that the government is the first subject of prosecution;we should improve the expression of several provisions to ensure that all parties can sue Subject status.The aim is to improve the main system of ecological environment compensation prosecution,and promote the reform and innovation of ecological civilization system.