Research On The Ownership Of Property Rights And Use Management And Control Of Environmental Damage Compensation

As China ’s economic and social development enters the 21 st century and another decade,people attach great importance to ecological civilization.With the statement of“requiring both Jinshan and Yinshan and green water and green mountains”,the concept of environmental protection has gradually changed from a sentence The slogan has become the guiding spirit for implementing economic policy formulation.With China’s continuous emphasis on environmental protection issues,a series of supporting legislative and judicial systems have gradually improved.Especially regarding the construction of environmental damage compensation systems,various places have The documentary policies were issued,but they were not effective.The reason is that the theoretical construction of environmental damages compensation is lacking,and the theoretical basis of its ownership,management,use,and supervision is weak,which makes the policy formulation too rough.Attempt to sort out environmental damage compensation from property ownership,management mode and use supervision,etc.,layer by layer,clarify the ownership of the property and propose a management mode that conforms to national conditions,determine the operation of the management mode,and sort out the existing use and supervision.Documents and systems,and put forward perfect opinions on use supervision.Thematic studies,can put forward their views to improve the current environmental damages fund system construction and supervision of our current problems.Specifically,the body of this article will be discussed in detail in the following sections.The first part first clarifies the related concepts of compensation,and then discusses the current situation of environmental damage compensation from the perspective of property ownership,management mode and use supervision,respectively,and points out the problems in the above three aspects.In the following,we will focus on Three issues are discussed in detail.The second part starts with the status quo of the ownership of environmental damages compensation in judicial cases.Through the study of judicial precedent in recent years,it summarizes the four types of attribution of environmental damages compensation in China at present.Analysis.By discussing the theoretical basis of the ownership of compensation,this article puts forward the view of this article that the ownership of compensation should be the whole of the public.The third part analyzes the current management model of compensation.Through the analysis of the cases presented in practice,the management of compensation for ecological environmental damage can be further summarized into financial accounts,court execution accounts,etc.,which are led by public power.There are two major types of fund management models: private fund management models relying on foundations,trusts,and other private funds.Through analysis and comparison of the two categories,it is proposed to establish a current government-led management model and gradually develop a private power management model.The fourth part is the research on the use supervision,which is mainly divided into two aspects: the improvement of the use rules and the supervision methods.By sorting out the current regulations on the use and supervision of compensation in various places,the author puts forward the current supervision on the use of compensation.The three main defects,that is,the use subject is unclear,the use process is cumbersome,and the supervision is unbalanced.For each of the three shortcomings,suggestions are made for improvement: 1.The environmental management department shall establish the use subject according to different types of environmental damage;2.Corresponds to the management mode suitable for the current situation at the current stage.Establish a market-oriented use mode led by the government to realize the government’s public functions while giving full play to the market’s initiative.3.The government should concretely disclose information and strengthen it.Construction and introduction of external supervision entities.