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Review the Progress of the Compensation System for Ecological and Environmental Damage in China
International Journal of Law and Society
Volume 3, Issue 4, December 2020, Pages: 189-194
Received: Nov. 9, 2020; Accepted: Nov. 23, 2020; Published: Dec. 4, 2020
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Author
Hongxin Guo, Law School, Zhongnan University of Economics and Law, Wuhan, China
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Abstract
The establishment of the Compensation System for Ecological and Environmental Damage is the key implementation content of the "Ecological Civilization" strategies in China. The purpose of the Ecological and Environmental Damage Compensation System is to break the dilemma of "environmental priceless, no claim for compensation", "corporate pollution, government paying". It is a feasible method to comprehensively remedy China's damaged environment by imposing negotiation and litigation against liable parties that engaged in environmental pollution and ecological destruction. The reform began in 2015. In recent years, the reform has been trailed in the mainland of China. Some provinces have promulgated their local version of an implementation plan and formed regulations about it. Many cases have been done in practice. This paper purports to introduce the practice of the Ecological and Environmental Damage Compensation System in China, analyze the problems disclosing from the trailed implementation, such as insufficient judicial support for claimants, absence of procedural legislation and unclear relationship with other public interest litigation. Meanwhile, the paper also proposes three suggestions to improve the Ecological and Environmental Damage Compensation System: restoration priority principle in negotiation; limited applicable scope; procuratorates’ performing legal supervision duties.
Keywords
Ecological and Environmental Damage, The Reform Plan, Negotiation, Litigation
To cite this article
Hongxin Guo, Review the Progress of the Compensation System for Ecological and Environmental Damage in China, International Journal of Law and Society. Vol. 3, No. 4, 2020, pp. 189-194. doi: 10.11648/j.ijls.20200304.15
Copyright
Copyright © 2020 Authors retain the copyright of this article.
This article is an open access article distributed under the Creative Commons Attribution License (http://creativecommons.org/licenses/by/4.0/) which permits unrestricted use, distribution, and reproduction in any medium, provided the original work is properly cited.
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