The Implemantation Path of Civil Relief for Damage to Natural Resource Assets Owned by the State
The right of the state,as the owner of all natural resource assets,to claim compensation for damages has been in a dormant state for a long time in judicial practice.Traditional compensation for property infringement damages and ecological environment damages are difficult to achieve comprehensive relief for damage to the ownership of all natural resource assets.Compared to traditional ownership in civil law,the ownership of natural resource assets owned by the general public has many special characteristics.Therefore,the relief of damage to natural resource assets owned by the general public should be positioned as a special private right relief,and limited public welfare expansion of compensation for damage should be carried out from the perspective of special ownership.Exploring the possibility of ecological and environmental public interest relief attached to the relief of damage caused by the ownership of all natural resource assets as the right basis for the relief of damage caused by the ownership of all natural resource assets.Standardize the types of remedies for compensation for damage to natural resource assets owned by the whole population,clarify the subject of the claim,clarify the scope of compensation for damage,improve public welfare relief procedures,and properly handle their relationship with related litigation.