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

According to the principle of "environmental price,damage and responsibility",the damage to the ecological environment should be directly responsible to the infringer.The consultation system of ecological environmental damage compensation is another way to relieve the damage of the ecological environment.Compared with the direct prosecution,the implementation of the system can achieve the unity of efficiency and benefit to some extent,not only saving time but also saving the litigation resources.In order to make the system play its due effect,it is necessary to clear the obstacles in theory and practice,so as to achieve the purpose of timely repair or compensation for the damage of the ecological environment and the building of a beautiful home.This paper introduces the relevant concepts of the administrative consultative system for the compensation for damages for ecological environment;the nature of the administrative consultation on the compensation for the compensation for the damages of the ecological environment belongs to a procedure rather than a specific administrative act,and it has equality,prepositional,case pertinence and duration;the basic contents of the system,including the subject and process of the administrative consultation,are introduced.Order,agreement,and remedies.At present,there are the following problems in the consultation system for the compensation for the damage to the ecological environment in China: first,if the administrative organ may be a compensation obligor or the right to fulfill the claim for compensation,how to deal with the liability is not clear,and the scope of the liability of the liability holder can be expanded,but how to expand does not be specified;secondly,administration The provisions of the consultative procedure are too principled,and the substantive unequal status between the subjects of the administrative consultations hinders the implementation of the administrative consultation procedure;again,the nature of the administrative consultation agreement is still controversial,which leads to the existence of obstacles in the validity of the agreement;and then,there are still a single problem of administrative consultation relief;finally,there is a single issue of the administrative consultations.The supporting measures of the system are not perfect,for example,there is no specific provision for the connection between administrative consultation and litigation procedure.The United States and the European Union have detailed provisions on the subjectof ecological environmental damage consultations.The compensation rights holders,except for the government,are also supplemented by the provisions of civil litigation,and the principle of strict liability for the indemnification obligor,as well as the exemptions of forces such as war,such as war of force,such as force majeure and other factors;both the United States and Japan have The administrative procedure law provides a direction for the consultation procedure of ecological environmental damage in practice and is worthy of our reference.The article proposes to establish a diversified model of claim subject "taking environmental protection administration as the dominant,environmental protection organization as supplement,procuratorial organ as the main supervision and exercising the right of claim as the supplement";from the extension of the polluter pays principle and the social joint liability two dimensions to expand the scope of the compensator rationally;from the start of the consultation The process of consultation is refined in the stage of development and consolidation;from the three aspects of civil law relations and civil way relief,the nature of the consultation agreement is a civil contract rather than an administrative contract.The validity of the commercial agreement is based on the provisions of the contract law,but it puts forward two special features,one is based on the purpose of public interest,and it is also out of defining the rights and obligations of the two parties,reducing the possibility of misunderstanding or fraud,reducing the space for the administrative authority to seek rent,and the purpose of the proof that the written evidence is convenient in the case of disputes.The final agreement should be written.The agreement is not made by the oral agreement after the higher authority orders the written agreement to be made,and the agreement is null and void;two is that the administrative organs should be restricted as the right to compensate the right holders except that they have complete civil capacity.Otherwise,the validity of the agreement should be affected.Again,it is reaffirmed that the compensation rights holder,the compensation obligor and the compensation obligor should consider the problems in the public rational angle,consciously abide by the principle of equality,and enrich the remedy after the failure of the consultation or the compensation obligor has not fully fulfilled the agreement.In addition to bringing civil litigation directly,it is possible to establish or establish an interim or permanent compensation arbitration institution for ecological environmental damage.Its advantage is that it can not be restricted by geographical and professional knowledge and is more efficient and efficient than litigation.At the same time,it does not exclude thepossibility of consultation as a way of saving the economy within the period of consultation,and refine the consultations and complaints.Before the administrative organs act as the right holders to prosecute,the administrative organs establish the principle of the obligation of notice and the Procuratorate's duty of supervision before the prosecution,and the principle of establishing the compensation for the damage of the ecological environment is superior to the civil public interest litigation when the multiple prosecution is prosecuted at the same time.