| Since the promulgation of the Pilot Program for the Reform of Ecological and Environmental Damage Compensation System in 2015,some regions in China have formulated local pilot programs according to local conditions,and formed corresponding local normative documents.With the further deepening of the Reform of Eco-environmental Damage Compensation System,in 2017,the two central offices issued the Reform Plan of Eco-environmental Damage Compensation System,replacing the original pilot plan.Although the reform plan provides corresponding guidance on the management mode,scope of use and departmental supervision of compensation for eco-environmental damage,there are still many problems in practice.It mainly includes the following four aspects.First,in terms of the collection of compensation for eco-environmental damage,there are problems of decentralized management of compensation and mixing of compensation and other funds.Second,in terms of the management mode of compensation for eco-environmental damage,treasury management,special account management and foundation management have their limitations.Third,in terms of the use of compensation for eco-environmental damage,the specific purpose of compensation is broad,the applicant is unclear,and the use procedure is cumbersome.Fourth,in terms of the supervision of compensation for eco-environmental damage,there are problems of insufficient internal supervision and lack of external supervision mechanism.Firstly,we should improve the access to the collection of compensation for eco-environmental damage,including the implementation of integrated income for compensation,and strictly ensure the independence of compensation.Then,we should establish a charitable trust management model of compensation for eco-environmental damage,which takes the compensation as a kind of trust property for the purpose of restoring the ecological environment,and establishes a public trust structure with the government as the trustor,the state-owned trust institution as the trustee and the public as the beneficiary.Furthermore,we should regulate the use of the compensation for eco-environmental damage,including limiting the specific use of compensation,clarifying the subject of compensation application,and simplifying the procedure for the use of compensation.Finally,we should improve the supervision system of compensation for eco-environmental damage.On the one hand,it further strengthens internal supervision,including hiring professional institutions such as law firms or accounting firms as supervisors,and implementing joint supervision by the civil affairs department and the banking regulatory department.On the other hand,it establishes an external supervision mechanism,including judicial supervision,joint working group supervision of environmental administrative departments and public supervision. |
