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How to manage ecological damage compensation

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How to manage ecological damage compensation


        

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  • 2024-06-11 18:00:59

    According to the relevant laws of China, if both parties reach an agreement on compensation for environmental damage, if one party fails to fully implement the agreement, the other party can apply to the court for compulsory execution.
    Several Provisions of the Supreme People's Court on Hearing Cases of Compensation for Ecological Environmental Damage (for Trial Implementation)
    Article 20 If an agreement on compensation for ecological environmental damage is reached through consultation, the parties may apply to the people's court for judicial confirmation.
    After accepting the application, the people's court shall publish the contents of the agreement for not less than 30 days. After the expiration of the announcement period, if the people's court, upon examination, considers that the contents of the agreement do not violate the mandatory provisions of laws and regulations and do not harm the national interests and social and public interests, it shall rule to confirm the validity of the agreement. The written order shall clearly state the basic facts of the case and the contents of the agreement, and shall be made public to the public.
    Article 21 If one party refuses to perform or fails to fully perform the judgment of a legally effective lawsuit case for compensation for ecological environment damage or the agreement on compensation for ecological environment damage confirmed by the judiciary, the other party may apply to the people's court for compulsory execution. If it is necessary to repair the ecological environment, the people's governments at the provincial, municipal and prefectural levels and the relevant departments and institutions designated by them shall organize the implementation according to law.
    Many people suffer from health damage due to environmental pollution, and some of them have a very long way to defend their rights. After a long negotiation, many people will feel that they may not win the lawsuit even if they sue within two years. In fact, this is a manifestation of unclear understanding of relevant laws and regulations. The limitation period for bringing a lawsuit for environmental pollution damage compensation is three years.
    If you find someone near your living environment or some factories discharging waste gas and water, you must be very angry as a resident. At this time, you can complain and report through the relevant environmental protection department. If your body is damaged, you can also claim compensation by suing.
    If we protect our rights through litigation, many people will think about the limitation of action, thinking that we can't sue again after two years. According to Article 42 of the Environmental Protection Law of the People's Republic of China, "The limitation period for bringing a lawsuit for compensation for environmental pollution damage is three years, counting from the time when the party knows or should know of the pollution damage.

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