Research On The Dilemma And The Way Out Of Ecological Environment Damage Compensation

After the reform and opening up,China's economic development has become very rapid,but the environmental problems have become more and more serious,which has become a multi-party concern.Through the environmental tort liability system,there is no way to obtain compensation for pure ecological environmental damage.But for the development of human society,the ecological environment is of great significance,which is related to sustainable development.The legal interests of environmental law protection are public welfare,which can be reflected by pure ecological environment protection.In the relief of ecological environment damage,the traditional system of environmental tort liability is very weak.Therefore,the compensation system of ecological environment damage arises at the historic moment,seeking perfect relief for the damage of environmental public interest.From the issuance of the new environmental protection law,China has entered the era of the strictest environmental law ever before,and has paid more and more attention to ecological civilization.A series of principles and systems are established to solve the problem of ecological environment damage relief.The pilot program for the reform of the ecological environment compensation system divides the key points of the implementation of the ecological damage compensation system,which is carried out first and then promoted.One of the key points of the damage compensation system is that the scope of compensation for the damage to the ecological environment reflects the liability of the compensation obligor and determines the scope of compensation for the damaged ecological environment.As the first pilot program of the compensation system for ecological environment damage,the provisions in the reform program are not particularly perfect.The system of compensation for ecological environment damage has two words of compensation,but the purpose of the system is to ensure that the damaged ecological environment can be completely restored,so that the environment can return to the state when the damage has not occurred.The responsibility of restoration is the central point of the whole system of compensation for ecological environment damage.Whether the purpose of restoring the damaged environment can be achieved is closely related to how the legal system expresses the responsibility of restoration.The responsibility of restoration should be regulated in a general way at the legal level,which can not be completed only through judicial interpretation.Recovery responsibility is an unprecedented way of bearing responsibility,so the reform plan requires the institutionalization of ecological environment damage for trial reference.The first chapter is divided into three parts.The first part introduces the background of ecological environment damage system,starting with the current situation of ecological civilization construction,and then puts forward that the establishment of ecological environment damage compensation system is imminent because the ecological environment damage relief is not perfect.The second part defines the compensation for ecological environment damage,compares the concept,nature and characteristics of compensation for damage and ecological environment damage,and introduces the compensation for ecological environment damage in an all-round way.The third part introduces the current situation and problems of the compensation system for ecological environment damage,and finds out the existing problems in the process of judicial practice,which paves the way for the following chapters.The second chapter mainly introduces the scope of compensation for ecological environment damage.The first part introduces the significance of determining the scope of compensation for ecological environment damage.The scope of compensation for ecological environment damage is the core and focus,because it reflects the liability of the compensation obligor and determines the scope of compensation for the damaged ecological environment.The second part introduces the difficulties in determining the scope of compensation for ecological environment damage,because the loss identification of ecological environment service function is not complete,and the provisions of preventive compensation for ecological environment damage are missing,so it is difficult to determine the scope of compensation.The third part introduces the principle of determining the scope of compensation for ecological environment damage,and the fourth part introduces the content of the scope of compensation for ecological environment damage.Chapter three and chapter four mainly introduce two ways of bearing the responsibility of compensation for ecological environment damage: recovery and money compensation.The third chapter introduces the way of recovery responsibility,which is divided into three parts.The first part mainly analyzes the concept of ecological environment restoration and the relationship between restoration and restoration.The second part introduces the connotation of the responsibility of restoration,first introduces the nature of the responsibility of restoration,and then discusses the difference between the responsibility of restoration and the responsibility of restitution.The third part is about the construction of the rules of the recovery responsibility,through the introduction of the types and the scope of application of the recovery responsibility claim,to start the rule construction of the recovery responsibility.The fourth chapter mainly introduces the determination of compensation for ecological environment damage,which is another way to bear the responsibility of ecological environment damage.The first part introduces the connotation of compensation amount of ecological environment damage,analyzes the difference between compensation amount and civil law,and determines the scope of compensation amount.The second section introduces the determination of compensation for ecological environment damage.Due to the lack of compensation evaluation standards,there are difficulties in the quantification of damage,and the lack of discretion of judges in practice,which leads to difficulties in the determination of compensation.The fourth section puts forward its own improvement suggestions for these three major issues,so as to regulate the determination of compensation for ecological environment damage.