Research On The Compensation Mechanism For Ecological And Environmental Damages

In order to promote the construction of ecological civilization and build a beautiful China,the system of compensation for ecological and environmental damage has come into being.The claim mechanism formed by the government by way of negotiation or litigation to claim compensation from those responsible for violating legal provisions causing serious ecological and environmental consequences is the focus of system improvement.From pilot reform to national implementation,from normative documents to departmental regulations,the ecological environmental damage compensation system has undergone a process from point to surface,from top to bottom,from practice to legislation,and the claim mechanism,as the key to the system,plays the function of ecological environmental damage relief and strengthens the ecological environmental public welfare protection system,while also playing a role in making up for the shortage of mere civil or administrative relief and realizing the public-private coordination of ecological damage compensation relief.However,operating under the background of national institutional reform and multiple ecological relief systems,the claim mechanism faces many tests.Therefore,it is necessary to conduct an applied study on the claim mechanism.By using empirical analysis to examine the developmentof the ecological damage compensation claim mechanism in both legislation and practice from the perspective of central and local implementation status and regional claims,it is found that the claim mechanism is generally implemented nationwide and the basic operation order has been basically established,but there are still many problems,mainly at two aspects:first,at the legislative side,the legal status of the existing legislation is too low,which affects the effectiveness of the system.At the same time,the decentralized legislative model restricts the development of the system;secondly,at the practical side,there are problems of unimplemented main responsibility of compensation rights holders,neglected functions of third parties,difficulty in implementing alternative restoration responsibilities,unreasonable content of procedures,lack of standardization of ecological damage assessment,inappropriate interface between consultation and litigation procedures and unclear interface between ecological environmental damage compensation litigation and ecological environmental public interest litigation.The causes of the above problems can be summarized into three aspects:first,the existing legislative positioning and model system is not compatible with the development needs of the system;second,the policy to promote the optimization of the mechanism at the same time,the specific legislation did not follow,the lack of legislation affects the optimal development of the mechanism;third,the implementation of the mechanism in the process of implementation of the fault line,not in line with the purpose of the system and the existing norms to carry out.From the above reasons,the mechanism for compensation claims for ecological and environmental damages can be improved in the following three aspects:first,correcting the legislative positioning and implementing special legislation;second,combining the practical needs and improving the specific content of legislation;third,correcting the misunderstanding of implementation and breaking the implementation fault.In this way,we can improve China’s ecological and environmental damage compensation claim mechanism,try to eliminate the phenomenon that the legislation of the ecological and environmental damage compensation system is not synchronized with practice,the system is not adapted to the main body and the system is not integrated with other matching systems,solve the outstanding contradictions in operation,narrow the effect gap between the purpose of the system and the actual operation,and promote the perfection of the ecological and environmental damage relief system.