Research On The Right Holder System Of Compensation For Eco-environmental Damage

The system of compensation for ecological environment damage was first implemented in seven provinces and cities in 2015 and reformed across China in 2018.The trial implementation of this system has made remarkable achievements in promoting the construction of ecological civilization and improving the quality of the ecological environment in China.The key to the system of compensation for eco-environment damage is to achieve compensation remedy to the damaged ecological environment,and the basic element of compensation for it is the right holder in compensation.At present,there are some problems,such as too narrow scope,unsound supervision mechanism and so on.The system of compensation for eco-environment damage in China is based on the government’s civil claims.Although civil claims have the function of sufficient remedy to the damaged ecological interest,the administrative organs have certain theoretical limitations with the national ownership of natural resources as the source of power,while faced with theoretical and practical obstacles.Supported by the theory of environmental public interest,this paper proposes a solution path as follows: Enlarge the extent of the right holder to county-level governments and the environmental protection organizations,and set up the claim sequence,with administrative organs as the main body and environmental protection organizations as the auxiliary one.At the same time,further strengthen the supervision and restraint of the right holder through internal and external supervision,and establish a top-down internal supervision mechanism.There are three ways to improve this mechanism,including the situation of accountability,the exemption from liability,and the supervision form of accountability.The procuratorial organ can exert its supervision on the negative claim of the administrative organ through procuratorial suggestion before litigation and environmental administrative public interest litigation.Other people can also supervise the right holder during the process of claims,mainly through the participation of experts or legal workers,so as to form a mediation organization to participate in the negotiation process,for the purpose that each subject can effectively play its external monitoring role.The improvement of the supervision mechanism can alleviate the problem that the administrative agency as the right holder is easy to alienate due to lack of strong supervision,so as to improve the efficiency of claim and maximize the completion of the claim system,protect the ecological environment,and promote environment construction.