YANG Xiaoting    Law School

ABSTRACT

Compensation for ecological environment damage is the monetization form of compensation for ecological environment damage, which can be obtained through litigation, negotiation, voluntary payment and other litigation ways. With the rapid development of China's economy, environmental problems are becoming more and more prominent, and the number of eco-environmental damage compensation cases is increasing. To improve the effective management of eco-environmental damage compensation is to strictly implement the principle of "responsibility for damage" and ensure that the eco-environmental damage compensation is "used for special purpose", so as to realize the purpose and function of eco-environmental damage compensation system reform. Therefore, the effective management of ecological environmental damage compensation, to ensure that the funds used for the restoration of the ecological environment, has an urgent practical significance in the current environmental law. The purpose of this paper is to summarize and analyze the difficulties existing in the management of ecological environmental damage compensation in China's current judicial practice, and put forward suggestions to solve the legal problems of ecological environmental damage compensation management in China according to China's national conditions.

At present, there are no laws and regulations on the management of eco-environmental damage compensation in China, and there is no clear guidance in judicial practice. The management of eco-environmental damage compensation is still a blank area of legislation, and the construction of relevant management legal system is not mature enough. The management of eco-environmental damage compensation in China mainly faces three problems: the management mode of eco-environmental damage compensation is chaotic; the user of eco-environmental damage compensation is not clear, the scope of use is not unified, the examination and approval procedure is cumbersome and the period of use is not clear; the supervision mode of eco-environmental damage compensation is not perfect. In view of the above problems, we should start with the management, use and supervision: compared with the two management modes of eco-environmental damage compensation, that is, setting up a special fund for eco-environmental damage compensation has more obvious institutional advantages, and the construction of the fund mode for eco-environmental damage compensation should improve the upper legal basis and enrich financial support In terms of the use of compensation, the administrative department of environmental protection should be the main body of the compensation, and the scope of the compensation and the maximum two-year service life should be defined, and the market-oriented use mode should be introduced; in terms of supervision, the third-party supervision mode should be established, and the internal management system and external supervision should be strengthened We should work together to implement information disclosure, ensure public participation, and ensure that the compensation for ecological environment damage is used exclusively, so as to provide legal guarantee for ecological environment restoration and sustainable development.

Read the article here:    生态环境损害赔偿金管理法律问题研究_杨晓婷.pdf