Research On Administrative Compensation System For Environmental Supervision Dereliction Of Duty

Environmental regulatory authorities should actively perform their regulatory duties,and bear corresponding legal responsibilities for supervising negligence such as "failure or incomplete performance,ineffective environmental supervision",which are explicitly required by the Constitution,the Organic Law,the Basic Law on Environment and supporting laws and regulations,and are also the urgent needs of curbing the environmental crisis,improving the ecological environment and ensuring citizens’ basic rights to subsistence,personal rights and property rights under the current environmental crisis background.The benefits of environmental damage are divided into environmental public interest and environmental private interest.At present,the "compensation system for ecological environmental damage on environmental public welfare relief" has been established in the form of substantive law and procedural justice.So those who destroy the ecology or pollute the environment and cause the loss of environmental public interests,whether they are saboteurs or polluters,should bear the responsibility of compensation and repair;However,the state compensation system of environmental supervision negligence,that is,administrative omission,which causes damage to private rights and interests,is only involved in relevant judicial interpretations,administrative procedural law and the reply of the Supreme People’s Court,but not clear and has no direct application basis in the special regulation "State Compensation Law",which can only be presumed through the existing provisions.This is the reason why judicial practice is in trouble,and it is difficult to get relief for citizens’ personal and property losses.In judicial practice,victims of environmental private interests caused by environmental supervision negligence can only pursue the polluters’ responsibility through civil tort litigation,while cannot pursue the environmental supervision authorities’ responsibility.Although the victims of some hot environmental incidents have received treatment aid from the government,it’s only the temporary measures made by the government based on the consideration of social stability rather than the institution reason.In this paper,the administrative compensation for environmental supervision negligence and related systems are analyzed.From the theoretical level,the necessity and feasibility of the administrative compensation for environmental supervision negligence are analyzed.The problems existing the administrative compensation for environmental supervision negligence at present in China have been pointed out and analyzed from the institutional level,combining with the issues and source in judicial and legislative aspects;Finally,according to the existing problems,combined with overseas experience and domestic reality,the suggestion of establishing and perfecting China’s the administrative compensation for environmental supervision negligence is put forward.The purpose is to offer suggestions for promoting China’s ecological civilization construction from four aspects: clarifying legal provisions,improving responsibility distribution,optimizing causal identification and expanding cost sources.