By Chang Jiwen, Research Institute of Resources and Environment Policies, DRC; Qin Peng & Guo Nan, Law School of Chongqing University

Research Report, Special Issue, No.20, 2018 (Total 1587) 2018-7-26

Abstract: Ecological and environmental damage compensation system is compatible with traditional environmental infringement system, which are established with the intention to protect the state’s ownership over mines, rivers, forests and other natural resources. Since the pilot work began in the year of 2016, the operation of ecological and environmental damage compensation system has gained the conditions based on relevant theories and policy measures and related experience accumulated is pertinent to working mechanism, juridical protection, consultation measures for compensation, fund management, verification and evaluation and liability undertaking among others, which have laid the foundation for nationwide promotion in 2018. In spite of the achievements, the legal basis and detailed rules for the implementation are yet to be improved. For instance, more items for ecological and environmental damage compensation could be included; the legal character of consultative agreement needs to be defined in clearer terms; the litigation rules and damage verification and evaluation system need to be fleshed out; the implementation mechanism for public participation and information discourse need to be enhanced; the capacity building for related work needs to be strengthened; and the management system for ecological environment damage compensation funds needs to be established.

Key words: environment damage compensation, litigation rules, consultative agreement, verification and evaluation