Font Size: a A A

Local Government Filed A Lawsuit On Compensation For Ecological Environmental Damage

Posted on:2020-06-01Degree:MasterType:Thesis
Country:ChinaCandidate:T J FuFull Text:PDF
GTID:2481306308952569Subject:Environment and Resources Protection Law
Abstract/Summary:PDF Full Text Request
While China's economy continues to grow at a high speed,ecological and environmental issues are becoming increasingly prominent.The situation of "corporate pollution,mass victimization,and the government's final payment" has existed for a long time.The prevention of pollution sources and the impaired liability recovery are often difficult,resulting in the failure of timely and full compensation for the ecological environment.The public environment Rights and ecosystems are not protected.As an important part of the construction of ecological civilization,the core objective of the reform of the compensation system for ecological environment damage is to get rid of the "tragedy of the commons" by air pollution,water pollution and soil pollution.The introduction of the "Economic Environmental Damage Compensation System Reform Pilot Program" to the "Eco-Environmental Damage Compensation System Reform Program" is a gradual exploration and improvement of the relief system for ecological environment damage,which is given to provincial and municipal governments and relevant departments.Claims for litigation are a bright spot and a big step forward.At this point,the local government can not only carry out environmental administrative management in the process of environmental protection,but also exercise the right of claim for action as a supplementary means to provide relief for ecological environmental damage.From the practice of compensation for ecological environment damage in the pilot areas,it can be found that the compensation from the government is very large,far higher than the environmental fines,so that the responsible person of the pollution pays a heavy price,thus forcing the enterprise or individual to strengthen their legal responsibility and environment.Protection awareness.This article is based on combing the basic problems of administrative agencies to bring compensation for ecological environmental damages.First,it clarifies the connotation of ecological environmental damage,and analyzes its nature and the theoretical basis of government claims.Starting from the perspective of rationality and necessity,we should explore the legitimacy of giving local governments the right to claim compensation.Combined with the problems in the pilot areas,it is discussed how to ensure the effective implementation of the ecological environmental damage compensation lawsuit initiated by the local government in practice,so as to better relieve the damage of the ecological environment.The analysis shows that the compensation for ecological environmental damages initiated by local governments and the current environmental public interest litigation constitute an important part of the compensation system for ecological environmental damage.The local government is mainly based on the theory of environmental public trust,in order to protect citizens' right to survive in a beautiful and stable environment,and to provide relief to the damaged ecological environment.Not only that,in the implementation,it is necessary to improve the specific litigation rules,to achieve the effective connection between the ecological environmental damage compensation lawsuit and the environmental public interest litigation.In addition to ensuring the reasonable use of the local government's claim right,it is necessary to improve the environmental liability insurance system from the perspective of the enterprise.Allow polluting companies to afford,and have the funds to achieve ecological restoration.Through the above research,I hope that I can sort out the local government's lawsuit for compensation for ecological environmental damage,and provide some reference for the practice of perfecting or better legal norms.
Keywords/Search Tags:Local government, Ecological environment damage, Action for indemnity, Legitimacy, Environmental public interest litigation
PDF Full Text Request
Related items