A Study On The Consultation System Of Compensation For Damage To Ecological Environment

Consultation refers to the negotiated agreement between the compensation rights holders and the compensation obligor on the ecological environment damage before the ecological environmental damage litigation,which aims to realize the compensation and relief of the ecological environment damage.In view of the basic situation of the consultative system in our country,the consultation subject has been concreted in the consultations,the scope of consultation is refined,the diversified consultative agreement safeguards have been established,and the fund management is actively explored and a variety of reform measures have been made.As a whole,the basic situation,reform direction and experience of the consultative system in China are worth affirming,and it is of great practical and reference significance to the establishment of the consultation system in the future.Furthermore,the consultation system,as a system in the primary exploration stage,has some problems in its law and practice which will hinder the effective promotion of China’s consultation system of compensation for ecological environmental damage.From the perspective of law,there has been a dispute whether governmental ownership of natural resources can be the basis of right of claim for government claims.There is still a vague definition of the legal nature of the consultation system and also a dispute whether the consultation agreement is a civil contract or an administrative agreement.There are also some problems in the practice of the consultation system.The first problem is the lack of remedy approach for consultation subject;second,the lack of connection mechanism of consultation and litigation in our consultative system leads to the poor connection between the consultation system and the environmental civil public interest litigation initiated by social organizations and the lack of rule of evidence when consultation and related litigation link up;third,the current supervision mechanism has such problems as low information disclosure,insufficient public participation and the lack of judicial supervision.In view of the above existing laws and problems in practice,this paper puts forward some feasible suggestions.First,the thesis explains the reason why governmental ownership of natural resources can be the basis of right of claim for government claims and clarifies the legal attributes of the consultative system.Suggestions are also made for the problems in the practice of consultation system.First,the negotiated agreement should be given compulsory execution effect and clear remedy approach of compensation holder;second,a certain guarantee and remedy approach should be given to the compensation obligor in the consultations which is in a disadvantaged position.Second,the connection of consultations and environmental civil public interest litigation initiated by social organizations and related evidence collection rules of consultation and litigation should be established when setting up the cohesive mechanism of consultation and litigation.Finally,information disclosure should be strengthened,the effective public participation mechanism and the strict judicial review mechanism should be established in the process of consultation so that consultation system can effectively accomplish the restoration of the ecological environment.