On The Scope Of Compensation For Ecological Environment Damage

Ecological environment damage is a new type of damage.For a long time,it is difficult to protect ecological environment itself.Even after the development of the environmental tort legal system,it is still ignored.In 2020,the civil code increases the ecological damage liability,which provides support for the judicial practice.The scope of compensation for ecological environment damage is not only a science problem,but also matters the rights of the defendant and the environmental protection.Due to the existing legislation on the scope of compensation is too principled,it can not guide the development of judicial practice well.And in recent years,the discussion of scholars on this topic is more about the construction of the whole system,the literature on the scope of compensation is less.Therefore,it is necessary to study more deeply.Following the idea of how to finally clear the scope and the amount of compensation,this article mainly uses theoretical research and case analysis methods to discuss those questions.The main issues include:the definition of damage is unclear in law;the scope of compensation is unclear;the identification system is incomplete;the judge depend on expert opinion seriously;the principle of full compensation causes injustice.To solve the problems,firstly,we should provide a clear concept of Ecological Environment Damage in law;Secondly,we should divide the types of the compensation costs,and clarify the details of each one.Then we should build a complete system for determining the amount of compensation,and make the rules for acceptance of expert opinions better.Finally,it is necessary to adjust the principle of full compensation appropriately through the system of discretionary amount of damage.Through the study of those issues,wishing the research in the field can be enriched,and can improve the theoretical research and judicial practice of ecological environmental damage compensation finally.