The Logical Reconstruction of Compensation for Ecological Environment Damage:The Evolution from"Right Relief"to"Obligation Justification"
At present,compensation for ecological environmental damage is mainly designed within the theoret-ical framework of state ownership of natural resources.However,within the discourse of rights,the nature of state ownership of natural resources is controversial,which makes it difficult to identify the nature of litigation.Moreover,the individuality of rights is contrary to the publicity of the ecological environment.In order to avoid the loophole caused by the logic of"right relief",it is necessary to turn to the perspective of obligation to prove the internal logic of compensation.The essence of compensation for ecological environmental damage is to pro-vide a new way for the government to fulfill environmental protection obligations.Accordingly,the first thing is to follow the principle of administrative priority.Only in the case of administrative relief failure can ecological environment damage compensation litigation be initiated.Thus,it is necessary to rationally empower and strict-ly control the power to ensure the fairness of compensation negotiations.At the same time,the accountability mechanism should be improved to avoid conflicting claims.Finally,the relationship between compensation for ecological environmental damage and related litigation should be coherent so as to ensure that the system can be comprehensively promoted.
Compensation for ecological environmental damageState ownership of natural resourcesEnviron-mental protection obligationsPublic law responsibilityAdministrative priority
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