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Published in last 1 year |  In last 2 years |  In last 3 years |  All Please wait a minute... For Selected: Download Citations EndNote Ris BibTeX Toggle Thumbnails Select From Human Domain Contract to Natural Contract:Demonstration and Functional Expansion of the Legal Essence of Ecological Damage Compensation LIU Hongyan, YANG Haizhou Journal of Jishou University(Social Sciences Edition)    2022, 43 (1): 1-16.   DOI: 10.13438/j.cnki.jdxb.2022.01.001 Abstract （750）      PDF（pc） （993KB）（200）       Knowledge map    Save Ecological damage compensation is one of the most important relief systems in the field of environmental protection in China,whose purpose,motivation,value and structure determine the basic bearing and complete explanation of the establishment of habitat subject and its rights.The system of compensation for ecological damage establishes the unique value of "habitat",independent right of existence and independent legal personality from the aspect of "human law" in human domain contract.It breaks the closed system of the theory of "human domain law" from the aspect of "interpersonal law" of natural contract,implants ethical value into the rules of environmental law,gets rid of the pursuit and expression of non-politicized and non-ethical rationalism in traditional "human domain law",and revives the tradition that "law should be ethical rather than instrumental" in Chinese legal system.It establishes the transformation of the legal value of legal interest protection from "human domain priority" to "interpersonal priority",enriches the concept of order and academic principles of environmental jurisprudence,and expands the boundaries of the "subject centralism" rule system of traditional human domain law.It provides a transcendent practical attempt and theoretical exploration for the transformation of China's environmental law from "subject mode protection" to "relationship mode protection" and the transformation of value function. Reference | Related Articles | Metrics | Comments（0） Select Identification of Private Interests and Division of Responsibility in Eco-environmental Damage LIU Changxing Journal of Jishou University(Social Sciences Edition)    2022, 43 (1): 17-25.   DOI: 10.13438/j.cnki.jdxb.2022.01.002 Abstract （910）      PDF（pc） （723KB）（283）       Knowledge map    Save The eco-environmental damage compensation system has become an important part of the environmental legal system,but its specific rules are still being improved.Based on the public welfare protection goal of eco-environmental damage compensation,eco-environmental damage has been defined as public welfare damage in theory and institution.However,eco-environmental damage may include private interest damage,so it is necessary to distinguish the private interest elements that may be included in it,and to exclude the damage of private interests from the scope of the compensation.Based on the analysis of the relationship between the damage of ecological environment and public interest and private interest,the scope of damage compensation can be reasonably determined through identifying the damage of private interests by subject-specific and interest-specific standard.Furthermore,in the undertaking of the liability for ecological environmental damage restoration and compensation,it is also necessary to improve the procedure of defining the liability,and distinguish the liability for private interest compensation according to the criteria for determining private interests.Also,a dual structure of distinguishing the liability for ecological environmental damage compensation and liability for environmental tort should be formed through the connection and coordination of liability forms. Reference | Related Articles | Metrics | Comments（0）