Preventive Liability In The Ecological Environment Damage Compensation System

In recent years,the frequent occurrence of ecological environment damage has become a hot topic,but the current situation of judicial practice in China is basically that the defendant is judged to compensate for the cost of ecological restoration and the loss of ecological service function,and the prevention responsibility of ecological damage does not reflect its due value in judicial practice.When the case of ecological environment damage occurs or may occur,involving the responsibility of ecological damage compensation,we should not only pay attention to the compensation and relief of ecological environment damage,but also embody the principle of ecological damage prevention in the responsibility.The core of ecological damage prevention is to prevent potential harmful behaviors from damaging the ecological environment through reasonable and careful judgment in advance.In addition to the prevention policies and various prevention systems stipulated by environmental laws and regulations,the main forms of liability include traditional civil liability such as stopping the infringement,removing the obstruction and eliminating the danger.These forms of civil liability should be differentiated according to the compensation cases of ecological environmental damage New explanation of the particularity of traditional civil cases.The way of preventive responsibility is the embodiment of the principle of prevention in the system of compensation for ecological environment damage.The way of undertaking the preventive responsibility has more significant effect on environmental protection than the compensation responsibility after the event.However,its special function has not been fully played in judicial practice.The connotation of ecological damage preventive liability can be simply summarized as requiring the infringer to bear certain responsibilities to prevent the ecological environment from being damaged or to prevent the expansion of the damage.It is based on the principles of sustainable development,ecological justice and green principles,and the basis of the right to claim For the real right claim and the infringement request right,the application of this responsibility in reality has both legislative and judicial dilemmas.In order to solve thisdilemma,the commitment of preventive responsibility requires certain institutional support before it can effectively play its role.The establishment of reasonable ecological damage judgment standards,the enrichment of the ways of taking responsibility for prevention,and the setting of reasonable rules for the distribution of burden of proof,etc.have improved the application of preventive responsibilities for ecological environmental damage compensation litigation.This article combs the theory and judicial practice of preventive liability in the ecological environment damage compensation system,analyzes the problems in the application of preventive liability in ecological environment damage,clarifies the constituent elements of preventive liability and puts forward suggestions to improve preventive liability It is better applied to the field of ecological damage compensation and makes up for the gap in the field of ecological environment damage.