自然资源资产损害赔偿的理论内涵、机制构造与制度保障研究OACHSSCD

The compensation system for damage to natural resource assets serves as a crucial pillar for improving the natural resource management system.Its core lies in implementing the principal-agent mechanism for the ownership of natural resource assets owned by the whole people,safeguarding property rights,and compensating for damages.Addressing the current institutional deficiencies in this field in China,such as ambiguous foundational rights,blurred boundaries between subjects and objects,the absence of assessment standards,and disjointed administrative and judicial remedies,we propose a synergistic framework centered on"civil remedies as the core,administrative supervision as the safeguard,and criminal sanctions as the bottom line."By clarifying the attributes of rights,defining the subjects of claims and liabilities,refining compensation standards,and integrating the economic and ecological values of natural resource assets,this study explores a diversified remedy paradigm primarily driven by judicial remedies and synergized by administrative and technological mechanisms.Furthermore,it recommends enhancing safeguard systems,such as inter-departmental coordination,to promote the standardization of remedies,thereby providing theoretical support for the practical implementation of the system.