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.
Highlights
It has been pointed out that China’s spectacular economic growth is at the cost of environmental pollution
An ecological compensation model for Liuxi River Basin based on emission rights shows that the ecological compensation amount for Conghua in 2017 is determined to be 33.821 billion Yuan, accounting for 84.5% of the district's total GDP
By April of 2020, eighteen provinces in China have promulgated their local versions of the "Implementation Plan for the reform of the Ecological Environment Damage Compensation System", which are based on the Reform Plan, combining the local features and practice needs
Summary
It has been pointed out that China’s spectacular economic growth is at the cost of environmental pollution. The ecological and environmental damages (abbreviation: EED) have become an unavoidable environmental issue facing China. The governments have to undertake the clean-up and remedial work of the damaged ecology and environment. To alleviate the deterioration of the ecological environment by holding offenders responsible for environmental pollution and ecological destruction and restore the damaged ecological environment, China has brought a crucial institutional innovation. Pilot Plan for Reform of the Ecological Environment Damage Compensation System (abbreviation: Pilot Plan) was promulgated by the central government in 2015. By summarizing the practices (including specific system design, typical cases, and practical experience) at the pilot stage, the central government formulated the Reform Plan of the Ecological Environmental Damage Compensation System (abbreviation: Reform Plan) in 2017 to expand the scope of the pilot to the whole nation. By summarizing the practices (including specific system design, typical cases, and practical experience) at the pilot stage, the central government formulated the Reform Plan of the Ecological Environmental Damage Compensation System (abbreviation: Reform Plan) in 2017 to expand the scope of the pilot to the whole nation. [2] After the Reform Plan was carried out nationwide in 2018, all provinces have carried out this system actively
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