Judicial appraisal of environmental damage refers to the activities in which appraisers use environmental science technology or specialized knowledge to identify and judge specialized issues involved in environmental pollution or ecological damage litigation and provide appraisal opinions by using technical methods such as monitoring, testing, on-site investigation, experimental simulation or comprehensive analysis. This article mainly introduces the content, working procedures and requirements for the preparation of reports for the judicial appraisal of environmental damage.
1. Appraisal and evaluation content.
1.Scope of Appraisal Assessment.
The time frame of the appraisal and assessment of ecological environmental damage starts from the date of environmental pollution or ecological damage, and continues until the damaged ecological environment and its ecosystem services are restored to the baseline. The determination of the scope of the working space for the identification and assessment of ecological environmental damage can be determined by comprehensively using methods such as on-site investigation, environmental monitoring, remote sensing analysis and modeling, and according to the scope of the migration and diffusion of pollutants or the scope of the impact of ecological damage.
2.Appraisal and assessment matters.
The main contents of the appraisal and assessment of ecological environmental damage include: investigation of environmental pollution, ecological damage, and ecological environmental damage; identification of contaminant properties; Analyze the causal relationship between environmental pollution or ecological damage and ecological environmental damage: determine the nature, type, scope and degree of ecological environmental damage: calculate the physical amount of ecological environmental damage, screen and give recommended ecological environment restoration plans, calculate the value of ecological environmental damage, and carry out ecological environment restoration effect assessment.
2. Appraisal and evaluation procedures.
The appraisal and assessment of ecological environmental damage includes appraisal and assessment preparation, ecological environmental damage investigation, causal relationship analysis, physical quantification of ecological environmental damage, quantification of ecological environmental damage value, report preparation and evaluation of ecological environment restoration effect. In the practice of appraisal and assessment, the corresponding work should be carried out according to the entrusted matters of appraisal and assessment, and the work procedures may be appropriately simplified according to the entrusted matters of appraisal. When necessary, carry out special research on key issues in the identification and assessment of ecological and environmental damage.
1.Preparation for appraisal assessments.
Through data collection and analysis, on-site surveys, discussion visits, literature review, questionnaire surveys, etc., grasp the basic situation and main characteristics of environmental pollution and ecological damage behaviors and ecological environmental damage, determine the content and scope of ecological environmental damage appraisal and assessment, screen characteristic pollutants, assessment indicators and assessment methods, and prepare appraisal and assessment work plans.
2.Damage investigation confirmed.
In accordance with the work plan for the appraisal and assessment of ecological and environmental damage, organize and carry out investigations or relevant data collection on environmental pollution and ecological damage, as well as ecological and environmental damage. The investigation of ecological environmental damage shall prepare an investigation plan, clarify the objectives, contents, methods, quality control and quality assurance measures of the ecological environmental damage investigation, and conduct expert demonstration.
3.Causality analysis.
Based on the investigation results of environmental pollution, ecological damage and ecological environment damage, whether there is a causal relationship between environmental pollution or ecological damage and ecological environment damage is analyzed.
4.Physical quantification of damage.
Compare the difference between the damaged ecological environment and the baseline, determine the scope and degree of ecological environmental damage, and calculate the physical amount of ecological environmental damage.
5.Quantification of the value of loss.
Select alternative equivalent analysis methods, prepare and compare ecological environment restoration plans, estimate the amount of restoration projects and project costs, or use environmental value assessment methods to calculate the amount of ecological and environmental damage.
6.Preparation of assessment reports.
Prepare the appraisal and assessment report (opinion) of ecological and environmental damage, and establish a complete appraisal and assessment work file.
7.Evaluation of the effectiveness of restoration.
Track the implementation of basic restoration and compensatory restoration of ecological and environmental damage, carry out necessary investigation and monitoring, assess whether the effect of ecological environmental restoration measures has reached the expected goals, and decide whether supplementary restoration is necessary.
3. General requirements for the preparation of appraisal and assessment reports (opinions).
The appraisal and appraisal institution shall, according to the requirements of the entrusting party, prepare an appraisal opinion or appraisal report. Where the appraisal and assessment opinion includes the confirmation of ecological and environmental damage, the analysis of causal relationships, the quantification of ecological environmental damage, and the special matters involved in the appraisal and assessment of ecological environmental damage, etc., and is used for the purpose of judicial appraisal of ecological environmental damage, the format of the report is referred to the "Specifications for Judicial Appraisal Documents". An independent assessment report on the effect of ecological environment restoration shall be prepared for the assessment of the effect of ecological restoration.
Consult the Chinese Academy of Sciences.