Study on the Legal Category and Path of the Ecological Environmental Damage Compensation Brought by Administrations

Han Mei

Chinese Journal of Environmental Management 2020,12(1):139-144

DOI：10.16868/j.cnki.1674-6252.2020.01.139

The legal category and path of ecological environmental damage compensation brought by administrations are two important issues to be solved during the compensation legislation. At present, the ecological environmental damage compensation system in China belongs to civil category, which violates the boundary between administrative liability and civil liability to some extent. Firstly, this paper analyzes the legal category from the nature of the ecological environment and draws the conclusion that the ecological environmental damage compensation should be brought into the category of administrative law in the context of the dual division of public and private law. Secondly, this paper discusses the dual path of mandatory and non-mandatory from the perspective of administrative law by comparing the practices of the United States and the European Union. To this article,our country can learn from the practices of the US and adopts the dual path in the future legislation:on the one hand, the administrative agency can order to clean up the pollutants or reconcile with the responsible party; on the other hand, the administrative agency can reconcile with the responsible party to restore the loss of ecological environmental service function, which loss is not appropriate to restore in a mandatory manner.