On the Legal Basis and Normative Structure of the Ecological Environment Damage Compensation System
To understand the ecological environment damage compensation system,we must start from the overall perspective of the modernization of environmental governance system and governance capacity.At the same time,we must also clarify the core concepts of ecological environment and natural resources,ecological environment damage and damage compensation,and the right to claim compensation and the right to sue for compensation.Existing theories regard the state ownership of natural resources as the substantive right basis in ecological environment damage compensation.However,whether it is the public power theory,the private power theory,the second-order structure theory,or the three-layer structure theory,none of them is rigorous.Because the ecological environment damage compensation system has a dual structure,that is,the right to claim compensation is different from the right to sue for compensation,the real right based on the ownership of natural resources in the right to claim compensation is different from the right to claim for tort debts that infringe the ecological environment,and the procedural sense of filing an ecological environment damage compensation lawsuit in the right to sue is different from the substantive sense of remedy natural resource ownership.This dual structure objectively stems from the distinction between the structural aspect of individual natural resources in the ecological environment and the functional aspect of the overall ecological function.Its theoretical basis lies in inheriting and developing the interpretation paradigm of traditional ownership,and its core content is to typify ecological environment damage.To this end,the system can be developed from two aspects.In the long run,we must rely on the series of contents on compensation for ecological environmental damage stipulated in the Ecological Environment Code under formulation,while the most urgent task is to promote the appropriate legalization of these contents with the help of judicial interpretation.
right to claim compensationright to sue for compensationstate ownership of natural resourcesdual structureecological environment code
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