Research On The Liability System Of Compensation For Ecological Environment Damage

The ecological environment is the foundation of human survival.They are interdependent and mutually restricting.Any human activity will have an impact on the environment.Otherwise,any change of the ecological environment will affect human survival and development.It is very important to protect and maintain the environment.With the rapid development of economy and society,the degree of environmental pollution and ecological damage in China is serious.The coordinated development of economy,society and environmental resources is an important issue in today’s society.The 18th National Congress of the Communist Party of China put the construction of ecological civilization into the five in one overall layout of the cause of socialism with Chinese characteristics.However,in terms of the liability for damage to the ecological environment,there has been a long-term dilemma of"enterprises making money to pollute the environment,and the government paying money to manage the environment".To solve this dilemma is the "top priority" of China’s environmental legislation.Starting from the concept and characteristics of ecological environment damage,this paper makes clear that it is different from "environmental tort",and their nature of responsibility,ways of bearing responsibility and ways of relief are also different.The current legislation of environmental tort in China is relatively perfect,while the system of compensation for ecological environmental damage is still in its infancy.In judicial practice,we have explored the right person,the obligation person and the scope of compensation,accumulated some experience,and laid a foundation for the reform of the system of compensation for ecological environment damage.However,at the level of legal system,there are still some problems,such as unclear compensation obligee,narrow compensation obligors,no unified standard for the definition of compensation scope,and repairing the lack of fund guarantee system.This paper attempts to sum up the practical experience,draw lessons from the relevant systems of the United States and the European Union,and put forward suggestions for the improvement of the liability system for ecological environment damage in China:to clarify the right holder of compensation,to clarify the connection between government departments,procuratorial organs,social organizations and individual citizens;to expand the joint liability person and potential liability person as the compensation obligor;to clarify the damage in law The scope of compensation and the development of multiple channels of repair funds.