Functional Positioning Of The Consultation System For Compensation For Ecological Environment Damage

The consultation mechanism for compensation for ecological environmental damages is a special mechanism for the compensation of ecological environment damages by means of equal negotiation,including the obligors of ecological environmental damage compensation,rights holders and invited participants,and is a special mechanism for solving the problem of ecological environment damage.The new mechanism of pressing threats to create is a manifestation of practice in front of the theory.After the mechanism was proposed,a multi-environmental environmental damage relief system consisting of traditional environmental administration,ecological environmental damage compensation consultation mechanism and environmental public interest litigation was formed.Due to the particularity of the legal structure of the ecological damage compensation consultation mechanism,the theoretical interpretation path is quite controversial.At the same time,as a brand-new mechanism and other existing remedies,the boundary is unclear and the connection is not smooth,resulting in unclear functional positioning.Therefore,it is necessary to discuss its theoretical basis,legal structure and functional characteristics,and rationalize the relationship with relevant relief systems,so as to clarify the functional orientation of the consultation mechanism for ecological damage compensation.The legal function of the consultation mechanism for compensation for ecological environmental damage is determined by its legal structure,so it is necessary to clarify its legal structure on the basis of theoretical discussion.The initiation of the consultation mechanism for compensation for ecological environmental damage is first of all the activities of the administrative organs to perform their functions and powers according to law.The administrative organs have the responsibility to use administrative means to conduct preliminary investigations and assessments of the damage to the ecological environment,and to determine the major damages before starting the consultation process.In the consultation stage,the ecological environment damage rights holders and obligors conduct equal consultations on the ecological environment damage,and finally realize the relief of the ecological environment damage by means of a negotiated agreement.The German jurists propose the concept of administrative private law behavior for this ecological damage compensation.The relief approach provides theoretical support.The comprehensiveness and complexity of the ecological environment damage make us have to break the wall between public and private law,and apply the law flexibly to the specific problems of the ecological environment.The operation mechanism of the compensation mechanism for ecological environmental damages uses both administrative and civil means.The dual attribute of public and private law.This unique legal structure makes the ecological environment damage negotiation mechanism scientific,efficient and consultative,and has its unique advantages in solving major ecological damage problems.The various mechanisms in the ecological environment damage relief system have the effect of repairing the environment and filling the damage.However,due to the different legal structures,the legal functions of the various mechanisms are not the same.The functional characteristics of each mechanism of this paper are compared and analyzed,and on this basis,the relationship between various institutional functions is straightened out,so as to clarify the functional orientation of the ecological environment damage negotiation mechanism.The consultation mechanism for compensation for damage to the ecological environment has the right to compensate the right holder,the obligor,the professional,and the supervisor,and the relief to the ecological environment damage is more professional than the traditional environmental administration,and the participation of the supervisor and the information disclosure overcome the traditional environmental administration.The problem of inaction and abuse of power is more conducive to solving the problem of major ecological damage.The initiation of environmental public interest litigation is passive and inefficient.It is applicable to case-solving terminal resolution mechanisms rather than universal solutions,and should be used as the last guarantee for ecological damage.Therefore,in the face of major ecological damage,the consultation mechanism for compensation for ecological environmental damage should be the core way to solve the relief problem of major ecological damage.After the occurrence of ecological environmental damage,the traditional environmental administrative means or the ecological environment damage compensation consultation mechanism shall be selected according to the damage situation to provide relief,and the proceedings may be restarted if no agreement can be reached through consultation.Rationalize the internal relationship of the ecological environment damage relief system,clarify the boundary,and strengthen the connection between the various mechanisms,so as to avoid the inter-institutional conflict and achieve comprehensive relief to the ecological environment damage.