Judicial Determination of Compensation Amount for Ecological Environment Damage
The judicial determination of the amount of compensation for ecological environment damage involves the intersection of technology and law and requires urgently the collaborative promotion of technological and legal governance.There are disputes over the scope of compensation for ecological environment damage,such as the"five item theory","four item theory",and"three item theory".We should adopt the"three item theory"which includes the cost of ecological environment restoration,the loss of service functions during the restoration,and the loss caused by permanent damage to ecological environment functions.The amount determined based on appraisal and evaluation can fully cover the above-mentioned compensation items.The determination of compensation amount injudicial practice faces difficulties such as excessive reliance on appraisal opinions and lack of value judgment.The legal significance of technical evaluation should be clarified as education rather than compliance,thus getting rid of the technical dependence on determining the amount of compensation for ecological environment damage.A review approach of"formal review-substantive review-secondary regulation"should be adopted to introduce value measurement rules into the judicial review process of compensation amounts,so as to achieve the interaction and integration of technical standards and legal standards,and expand the negotiation mechanism for ecological environment damage compensation to the litigation process,granting parties extensive and substantive participation rights,enhancing the adversarial nature of technical argumentation,and promoting the professionalization and scientificization of environmental judicial trials,supporting the modernization of Chinese style environmental rule of law.
NETL
NSTL
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