Study On Compensation System Of Ecological Environment Damage

In practice,Chinese ecological environmental damage compensation system has made great contribution,but there are still a few shortcomings.There are mainly such aspects: First,the legal property of the concept of ecological environmental damage compensation system is not strong.The reasons of this phenomenon are : the scope of ecological environment damage objects is not clear,the understanding of the ecological service function is not accurate enough and so on.By clearly dividing the scope of ecological environment damage objects and correctly understanding of the ecological service function,we can found the foundation of building ecological environmental damage compensation system which has more legality.At the same time,in order to increase the legality of the concept of,it can be tried to make a clear of the subject.Second,the concept of ecological environmental damage has conflictions in different laws.By analyzing and confirming the real meaning of the ecological service function,it can be helpful for better understanding of ecological environmental damage compensation.By refering the Tort liability law of America,how to stipulate the way of proving causality,and by using different ways to prove causality in different situations,the environmental Tort liability rule can be expanded.These are useful to solve the conflictions in different laws.Third,Chinese ecological environmental damage compensation model is more private legal,and the mode is proper or not,we need to analyze.The character of Chinese ecological environmental damage compensation model is private legal,this model is not favorble to protect environment.The disadvantage of private legal model is which need to adjust the whole law system to solve;the disadvantage of national legal model can be solved by increase related laws.Choosing national legal model is a better choice for the disadvantages are easier to solve.And by solving the disadvantages of national legal model,the result of pushing ecological environmental damage compensation system can be covered.Fourth,for the definition of compensation period,the rules of repair obligations,repairing fee and so on are not clear enough.If part different ecological environmental damage into which can be fixed totaly and which can be fixed partly,and use different repairing period;confirm repairing duty more clearly;part faultability damage and nonfaultability damage to use different repairing duty;there are still shortcomings in calculation method about ecological repairing fee,we should use different environmental key element to avoid the shortcomings.There are still many obvios problems in ecological environmental damage compensation system.For example,The population source of ecological environmental damage is difficult to find out.We can trace the source to enforce the law to solve this problem,by data statistics analyse is helpful to find out the polluter;when the great damage happens,It is needed to set up clues tracking regulations for the great damage,it can induce the great damage which happened in former times,it is reference for when the great damage happens,it also can raise the efficiency of case handing organs;at the same time,it is needed to build authority of government detailed list about every step in government when it takes part in;strengthen the cooperation between ecological environmental internal departments,higher level and lower level departments,else departments.Build sharing information,Technology guidance,joint management system,enhance cooperation;identification and assessment system is not appropriate,the ability to identify and assess is not enough,it is needed to set simple modle for ecological environmental damage identification and assessment system,strengthening the speciality of identification personnel is available.