On the Claim of Compensation for Marine Ecological Environment Damage
The development and improvement of the right to claim compensation for marine ecological environment damage is an important link in the establishment of a marine ecological environment damage compensation system.In order to ensure the legitimate and reasonable implementation of this right,it is necessary to define the theoretical basis for the state to exercise the right of compensation for marine ecological environment damage with the provision 2 of Article 114 of the Marine Environmental Protection Law as the core.Take the marine ecological environment as the damaged object of the claim,insist on distinguishing the difference between major national losses and social public interest damage,and do not add elements of illegality,in order to maintain the advantages and characteristics of the right to claim compensation for marine ecological environmenta damage,which is different from other rights to claim compensation for environmental public interest.At the same time,it is a must to adhere to the principle of taking the ecological and environmental authorities as the lead and supplementing by other functional departments to confirm the qualifications of the subjects exercising the right to claim compensation for marine ecological environment damage,and give full play to the role of different subjects in the litigation of marine ecological environment damage compensation,in order to promote the construction of the marine ecological environment damage compensation system in a stable,orderly,solid and rigorous manner.
damage to the marine ecological environmentclaim of compensation for damagetheoretical basisconstitutive requirementsthe subject of exercising
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