Research On The Legal System Of Compensation Fund For Ecological Environmental Damage In China

At present,the relief for ecological environmental damage in China is mainly administrative relief and judicial relief.However,through investigation and analysis,it is found that the compensation for ecological environmental damage in these two traditional relief modes has inevitable limitations.Such as the realization of the ecological environment damage repair responsibility for the implementation of the obligor to compensation ability and the limitation of factors such as ecological environment damage characteristics,the traditional path of ecological environmental damage relief there might be the main body is unknown,the responsibility is not clear,the problem such as lacking the ability to perform the main responsibility,lead to the ecological environment repair responsibility should only stay in level.Timeliness and fund guarantee are two important aspects of ecological and environmental damage restoration.The establishment of ecological and environmental damage compensation fund system can expand the channels of restoration fund raising and ensure the diversified supply of ecological and environmental damage restoration funds through the socialization of ecological and environmental damage compensation liability.It can make up for the limitation of timeliness and lack of funds of ecological damage relief under the traditional relief mode.At the same time,it can enrich the relief methods of ecological and environmental damage in China,solve the single problem of ecological and environmental damage relief in China,and realize the diversified development of ecological and environmental damage relief paths."Ecological environment compensation system reform pilot program" issued after the management mode of ecological compensation for damage in our country based on the exploration of the ecological environment damage compensation fund mode of practice,accumulated a certain local ecological environment damage and regulatory experience of setting up a compensation fund,but in our country has not yet been systematically establish ecological environmental damage compensation fund system.This paper will draw lessons from the successful experience of the fund model for the relief of ecological environmental damage in foreign countries and combine the existing theoretical research and fund system practice in China.This paper discusses the necessity and feasibility of establishing the mode of "central and local" compensation fund for ecological environmental damage in China,and expounds the concrete system conception of the compensation fund system for ecological environmental damage in China from the aspects of the selection of the establishment mode of the fund,the establishment of the fund management organization,the supervision mechanism of the fund and the recovery of the fund.