生态环境损害赔偿法律适用问题研究

Study on the application of law in the lawsuit ofcompensation for ecological environment damage

目前,我国系统的、完整的生态环境损害赔偿责任法律制度还未构建起来,司法实践中存在诸多问题。分析了生态环境损害赔偿责任认定及生态环境损害赔偿公益诉讼的法律适用问题。对生态环境损害赔偿责任的启动条件、归责原则、生态环境损害赔偿的权利人与直接负责人、赔偿范围、诉讼主体资格、责任承担方式等方面,如何适用现行法的问题提出了对策建议。

At present,China’s systematic and complete legal system of compensation for ecological environment damage has not been established.And there are many problems in the legal application of judicial practice.This paper mainly analyzes the scope of application of the liability for compensation for ecological environment damage,the legal application of the determination of the liability for compensation for ecological environment damage,and the legal application of the public interest litigation for compensation for ecological environment damage.This paper puts forward solutions and suggestions on how to apply the current law to the starting conditions,the principle of liability fixation,the subject of liability,the obligee and the direct person in charge of the compensation,the scope of compensation,the qualification of the subject of action,and the way of liability bearing.