On The Perfection Of Ecological Environment Damage Compensation Consultation System

The consultation system of the ecological environment damage compensation is the significant part of the ecological environment damage compensation system.From the trial plan firstly proposed in December 2015 to the reconfirmation of revolution plan in 2017,the ecological environment damage compensation consultation system marched from the selective application to mandatory application and changed the traditional and single litigation dispute resolution.It introduces the alternative dispute settlement mechanism into the ecological environment field so that the compensation obligee and obligor could reach a consensus through the negotiation.The premise of understanding the consultation system of ecological environment damage compensation is to clear about the basic concept and legal attribute about the consultation system.Different with the traditional environmental tort damages,the ecological environment damage means the damages to the ecological environment but does not include the personal hurt and property loss caused by the polluted environment.Although the ecological environment damage compensation belongs to the"compensation",the compensation is only the method and recovering the ecological environment is the ultimate purpose.The ecological environment damage compensation consultation pertains to the relief afterwards measure of ecological environment damage and the remedy for the ineffective or unsuccessful phenomena of environment executive law enforcement beforehand prevention.In fact,it is the extension and expansion of the environment executive law enforcement and still belongs to the regulation scope of environment executive power.The ecological environment damage compensation consultation applies the civil law to realize the administrative public law goal so that it shall be determined as the administrative nature with private law tint.The administrative nature is the essential attribute or first attribute of the consultation and the contractual quality is the appearance of private law consultation method which shall be the second attribute.The consultation system of ecological environment damage compensation is the new development of alternative dispute settlement mechanism in Chinese ecological environment field.Different alternative dispute settlement methods are not totally separated.Before the consultation system is proposed,the alternative dispute settlement methods such as environment executive law enforcement appointment,environment civil public interest litigation mediation,amicable settlement system and operator commitment system and so forth have been implemented for long term which play a good reference function for the construction of consultation system.Taking the consultation system as the comparison objects and other alternative dispute settlement systems as the compared objects,the paper conducts the comparison and conclusion on the consultation subjects,application sphere,initiator procedure,consultation contents and consultation agreement to make enlightenment for improving the consultation system.With the province and city pilot projects for two years,now,the consultation system of ecological environment damage compensation starts to make trial implementation around the whole country which are still pushed steadily.From the plot project to the revolution period,all trial provinces and cities positively practice and boldly explore.Some provinces and cities manufacture the special negotiation method and conduct the finer revolution plan on negotiation subjects,negotiation agreement and negotiation duration so as to cater to negotiation work expansion better.However,the problem is that the local negotiation method level is quite low and short of host law reliance.Due to the hysteretic nature of the legislation and limitation of local exploration,the prominent puzzlements in negotiation practice do not gain the better responses in all provincial and municipal negotiation methods.Since the trial implementation of ecological environment damage compensation consultation system,the largest problem is legislation deletion at the national level.As a policy document,the revolution scheme only could be the reference reliance which is difficult to be the law application.Due to lack of the united regulation at the national level and dense local style,the manufactured local negotiation methods are easy to counter the disputes and loss dilemmas in the juridical practice.Chinese consultation system of ecological environment damage compensation abides by the practice-first revolution route and lagged theories research and legislative work.In order to realize the goal of establishing the perfect ecological environment damage consultation system revolution goal preliminarily around the whole China,it is urgent to conclude the trial experience and trial state quo of the consultation system.From the perspective of both substantive content and procedural provisions,it clarifies the specific content of Chinese ecological environmental damage compensation consultation system,and on this basis,puts forward the"Measures of the People's Republic of China on ecological environmental damage compensation consultation(draft proposal)".