Research On The Liability Method Of Environmental Damage Compensation

The establishment and perfection of environmental damage compensation system is an important guarantee in the construction of ecological civilization in China.At present,the deterioration of ecological environment in China is concentrated in the air,water,soil and other aspects of environmental problems are more prominent.The traditional environmental legislation usually defines this kind of problem as environmental tort,but the current environmental tort system only solves the relief problem of personal rights and property rights and interests with environment as the medium.It is difficult to solve the damage of ecological environment itself and the fundamental problem of damage prevention.Although the treatment of environmental problems has been extended by legislation,the traditional thinking has not been changed in practice,and the compensation for environmental damage has not achieved satisfactory results.The way of compensation for environmental damage is also mainly applicable to the way of bearing civil liability or the limited innovation based on it.The new environmental protection law establishes the principle of liability for damage,and environmental interests become the sectoral rights and interests of environmental law.It also requires the establishment and improvement of the system of compensation for environmental damage and the corresponding means of compensation,so as to restore the damaged environment by the actor who caused environmental damage.Undertake appropriate compensation.Therefore,the construction of compensation for environmental damage will effectively solve the problem of lack of theoretical basis of environmental damage system,and it is also an indispensable institutional arrangement to solve the current environmental problems.By combing the current system of compensation for environmental damage in our country,comparing the development contents of foreign countries in the field of compensation for environmental damage,this paper clarifies the problems faced in the development of the system of compensation for environmental damage in China,and arranges the relevant judicial practice.From this,the author puts forward the basis of solving the related problems and the specific adjudication contents,and further clarifies the way of compensation for environmental damage.By combing the current environmental damage compensation system in our country,comparing the development of environmental damage compensation abroad,this paper clarifies the problems faced by our country in the development of environmental damage compensation system,and sorts out the origin of the environmental damage compensation system in the development.And sort out the relevant judicial practice,from which to sort out the basis for solving the relevant problems and specific adjudication content,and further construct a diversified way of compensation for damage,including: to prevent damage,clean up pollution,governance and repair,ecological compensation,and so on.Eliminate danger,apologise publicly,eliminate influence.