Journal of Northeastern University(Social Science) ›› 2020, Vol. 22 ›› Issue (6): 94-101.DOI: 10.15936/j.cnki.1008-3758.2020.06.012

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Reflection and Definition: The “Essence” of the Compensation System for Eco-environmental Damage——From the Perspective of Its Scope of Application

LI Shu-xun, LENG Luo-sheng   

  1. (School of Law, Beijing Normal University, Beijing 100875, China)
  • Received:2020-05-10 Revised:2020-05-10 Online:2020-11-25 Published:2020-12-22
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Abstract: At present, the Supreme People's Court has formally established the scope of application of the system of compensation for damages to the ecological environment in the form of judicial interpretation. However, the fact of “grading” and “zoning” claims deviates greatly from the legal impression of reform intention, academic interpretation and practical rationality, and violates the general legislative principles of compensation for damages. On the basis of revealing the objective contradiction between the normative form and the purpose of the system, this paper proves that the development pattern of the current compensation system for ecological environment damage “deteriorates”, that is, from the tendency to protect the ecological environment to the compensation right holders. The system of compensation for damage to the ecological environment and the system of environmental public interest litigation are two important means, but they have been facing the dilemma of overlapping functions and duplication of legislation. Considering the complex relationship between environmental protection and development, the government and enterprises, and facing the limited relief function of environmental public interest litigation system, we can finally establish its scope of application, and ultimately realize the system purpose of complementing environmental public interest litigation system in the division of labor.

Key words: ecological environment damage compensation system, contradictions between systems, limited relife

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