Review the Progress of the Compensation System for Ecological and Environmental Damage in China

Hongxin Guo

doi:doi:10.11648/j.ijls.20200304.15

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Review the Progress of the Compensation System for Ecological and Environmental Damage in China

Hongxin Guo

Published in International Journal of Law and Society (Volume 3, Issue 4)

Received: 9 November 2020 Accepted: 23 November 2020 Published: 4 December 2020

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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.

Published in	International Journal of Law and Society (Volume 3, Issue 4)
DOI	10.11648/j.ijls.20200304.15
Page(s)	189-194
Creative Commons	This is an Open Access article, distributed under the terms of the Creative Commons Attribution 4.0 International License (http://creativecommons.org/licenses/by/4.0/), which permits unrestricted use, distribution and reproduction in any medium or format, provided the original work is properly cited.
Copyright	Copyright © The Author(s), 2020. Published by Science Publishing Group

Keywords

Ecological and Environmental Damage, The Reform Plan, Negotiation, Litigation

References

[1]	Pan, Bole, et al. "An Ecological Compensation Model for Liuxi River Basin Based on Emission Rights." Journal of Management and Sustainability, vol. 9, no. 2, 2019, p. 128-135.
[2]	Reform Plan of the Ecological Environment Damage Compensation System] (promulgated by St. Council, Dec. 17, 2017).
[3]	Constitution of the People's Republic of China, promulgated by National People's Congress, 2018 Amendment.
[4]	Pilot Plan for Reform of the Ecological Environment Damage Compensation System, promulgated by St. Council, Dec. 3, 2015.
[5]	Decision of the Central Committee of the Communist Party of China on Several Major Issues of Comprehensive Deepening Reform, promulgated by CPC. Committee, Nov. 12, 2013.
[6]	Organic Law of the People's Procuratorates of the People's Republic of China, promulgated by Nat'l People's Cong., July 5, 1979, effective Jan. 1, 1980, amended Oct. 26, 2018.
[7]	Michael G. Faure and Liu Jing, “Compensation for Environmental Damage in China: Theory and Practice”, PACE ENVTL. L. REV. (2014) 31: 1, pp. [i]-309.
[8]	Environmental protection law of the People’s Republic of China (2014). the National People’s Congress.
[9]	Cui Jianyuan, “Orientation and Improvement of State-Ownership of Natural Resources”, Faxue Yanjiu, 4 (2013), pp 66-68.
[10]	Weiyu Wu, “The Reform of the Compensation System for Ecological and Environmental Damage in China: Natural Resources, Environmental Enforcement, and Legislation”, 60 NAT. Resources J. 63 (2020), pp 63-102.
[11]	Several Provisions of the Supreme People's Court on the Trial of Cases on Compensation for Damage to the Ecological Environment (for Trial Implementation), promulgated by Supreme People's Court Jun 4, 2019, effective Jun. 5, 2019.
[12]	Luo Guangqian: “Who is in charge of the compensation fund for ecological environment damage? How”, China Ecological Civilization, 4 (2018), pp 32-36.
[13]	Zhang Bao, “An analysis of the applicable relationship between government civil claim and supervision power in ecological environment damage relief”, FaXue Luntan, 3 (2017), pp 14-21.
[14]	The Civil Procedure Law of the People's Republic of China promulgated by Standing Committee of the National People's CongressSupreme People's Court, amended in 2017.
[15]	Zhang Zitai and Wu Weiyu, “Research on Legislation of Compensation for Eco-Environment Damage in China”, Envtl. Protection, 5 (2018), PP 25-30.
[16]	Ma Teng, “The Construction of Ecological Environment Tort Liability System in China”, Fashang Yanjiu, 2 (2018), PP 114-123.
[17]	Zhao Xiaojiao, “The Legislation of Compensation for Ecological Environment Damage in China: Modes and Difficulties”, Journal of northeastern University (social science), 5 (2020), PP81-89.
[18]	Zhang Zitai and Li Chenguang, Some Problems about Legislation of Compensation for the Ecological Damage in China”, Nanjing Shehui Kexue, 3 (2018), PP94-99.

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Hongxin Guo. (2020). Review the Progress of the Compensation System for Ecological and Environmental Damage in China. International Journal of Law and Society, 3(4), 189-194. https://doi.org/10.11648/j.ijls.20200304.15

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Hongxin Guo. Review the Progress of the Compensation System for Ecological and Environmental Damage in China. Int. J. Law Soc. 2020, 3(4), 189-194. doi: 10.11648/j.ijls.20200304.15

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AMA Style

Hongxin Guo. Review the Progress of the Compensation System for Ecological and Environmental Damage in China. Int J Law Soc. 2020;3(4):189-194. doi: 10.11648/j.ijls.20200304.15

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@article{10.11648/j.ijls.20200304.15,
  author = {Hongxin Guo},
  title = {Review the Progress of the Compensation System for Ecological and Environmental Damage in China},
  journal = {International Journal of Law and Society},
  volume = {3},
  number = {4},
  pages = {189-194},
  doi = {10.11648/j.ijls.20200304.15},
  url = {https://doi.org/10.11648/j.ijls.20200304.15},
  eprint = {https://article.sciencepublishinggroup.com/pdf/10.11648.j.ijls.20200304.15},
  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.},
 year = {2020}
}

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PY  - 2020
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AB  - 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.
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Author Information

Hongxin Guo

Law School, Zhongnan University of Economics and Law, Wuhan, China

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APA Style

Hongxin Guo. (2020). Review the Progress of the Compensation System for Ecological and Environmental Damage in China. International Journal of Law and Society, 3(4), 189-194. https://doi.org/10.11648/j.ijls.20200304.15

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ACS Style

Hongxin Guo. Review the Progress of the Compensation System for Ecological and Environmental Damage in China. Int. J. Law Soc. 2020, 3(4), 189-194. doi: 10.11648/j.ijls.20200304.15

Copy | Download

AMA Style

Hongxin Guo. Review the Progress of the Compensation System for Ecological and Environmental Damage in China. Int J Law Soc. 2020;3(4):189-194. doi: 10.11648/j.ijls.20200304.15

Copy | Download

@article{10.11648/j.ijls.20200304.15,
  author = {Hongxin Guo},
  title = {Review the Progress of the Compensation System for Ecological and Environmental Damage in China},
  journal = {International Journal of Law and Society},
  volume = {3},
  number = {4},
  pages = {189-194},
  doi = {10.11648/j.ijls.20200304.15},
  url = {https://doi.org/10.11648/j.ijls.20200304.15},
  eprint = {https://article.sciencepublishinggroup.com/pdf/10.11648.j.ijls.20200304.15},
  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.},
 year = {2020}
}

Copy | Download

TY  - JOUR
T1  - Review the Progress of the Compensation System for Ecological and Environmental Damage in China
AU  - Hongxin Guo
Y1  - 2020/12/04
PY  - 2020
N1  - https://doi.org/10.11648/j.ijls.20200304.15
DO  - 10.11648/j.ijls.20200304.15
T2  - International Journal of Law and Society
JF  - International Journal of Law and Society
JO  - International Journal of Law and Society
SP  - 189
EP  - 194
PB  - Science Publishing Group
SN  - 2640-1908
UR  - https://doi.org/10.11648/j.ijls.20200304.15
AB  - 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.
VL  - 3
IS  - 4
ER  -

Copy | Download