The Proof and Development of Compensation of Labor Service in the Civil Liability of Ecological Environment Damage
The application of compensation of labor service does not follow the imputation elements of repair responsibility and can not achieve the goal of equivalent reconstruction or replacement of damaged ecological environment,the nature of the compensation of labor service is"The execution(performance)of the mode of taking responsibility with the content of money payment",which is not an alternative method of repair,so the object of labor compensation is not limited to the cost of repair.The scope of application should be defined as"Natural person should bear the civil liability for ecological environmental damage,and the quantified amount of ecological damage is not large,but the person's family is unable to fulfill the financial obligations".In order to implement the effective judgment,we should adopt the mode of revising the judicial interpretation or issuing the guiding cases to clarify the applicable conditions,the standards of discount and the distribution rules of the burden of proof of economic condition,etc.At the same time,it is necessary to explore the establishment of a collaborative mechanism for the formulation and implementation of the implementation plan for Labour compensation,so as to give full play to the professional advantages of the executive branch and facilitate the full implementation of their responsibilities in accordance with the law.
ecological environmental damagecivil liabilitycompensation of labor servicealternative remediationmode of responsibility
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维普
