The Realization Path of Environmental Law of the Compensation Liability for Ecological and Environmental Damage

Abstract

The civil law realization path of the compensation liability for ecological and environmental damage is based on the existing legal provisions, to remedy the damaged rights through the civil process but in view of the difference between ecological environment damage and civil tort, it is difficult to identify the traditional tort liability and relieve the ecological environment damage, and the traditional civil public interest litigation also has certain limitations in the protection of environmental public interest. In contrast, the attribute of environmental law is more consistent with the nature of ecological environment damage. In judicial practice, there are also a large number of cases of environmental compensation liability for ecological environmental damage. Therefore, the realization path of environmental compensation liability for ecological environmental damage has certain legal legitimacy and practical feasibility. Specifically, the government should strengthen the rule of law construction, explore the internal control mechanism and external supervision mechanism within the perspective of environmental law, so as to make the public and private law norms in environmental protection return to its institutional standard, and ensure the realization of the compensation liability for ecological and environmental damage.