| The ecological environment damage compensation system is an ecological environment compensation protection mechanism that occurs frequently with environmental pollution problems,has the characteristics of socialism with Chinese characteristics,but in our country,the Pilot program for reform of ecological environment damage compensation system and Ecological Environment Damage Compensation System Reform Plan,only made a principled provisions of the ecological environment damage claim subject,not clear claim subject in each stage of the sequence,therefore in the judicial practice,it can cause the waste of social resources and claims does not reach the designated position.The study of legal theory and judicial practice makes a preliminary exploration on this issue,especially on the legal basis of compensation for ecological environment damage,the basis of the claimant’s right to claim and the range of compensation,so as to further promote the formation of the sequence of the claimant’s right to claim for ecological environment damage.This paper is divided into four parts.The first chapter based on the theoretical basis of the determination of the claimant for compensation for ecological environment damage,summarizes the definition,types and basis of the claimant’s right to claim,and further clarifies the basis and theoretical obstacle on which the claimant’s position depends.The second chapter summarizes the status quo of the judicial operation of compensation cases for ecological and environmental damage,and further clarifies the changes of the scope,sequence and connection of the claimant under different litigation in China’s judicial practice.Chapter three tries to put forward the sequence rules to establish the priority of the administrative organ from the value of the sequence setting of the claimant and the factors of consideration.Chapter fourth based on the environmental right and the ownership of natural resources,proposed the ecological environment damage claim the sequence of the main body of litigation safeguard mechanism,clear problem between different litigation,the subject line to improve the other claim progressive rules and give full play to the initiative guide role of court in judicial operation,and improve the information sharing and supervision mechanism,so as to realize the effective guarantee of the sequence of the main body of litigation claims. |
