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Study On Judicial Confirmation Of China’s Ecological Environmental Damage Compensation Agreement Summary

Posted on:2020-05-14Degree:MasterType:Thesis
Country:ChinaCandidate:Y J ZhangFull Text:PDF
GTID:2381330578457732Subject:Law
Abstract/Summary:PDF Full Text Request
This paper discusses some key issues in the judicial confirmation of China’s ecological environmental damage compensation agreement.The fundamental purpose of the implementation of the ecological damage compensation system in China is to provide relief to the ecological damage itself.The ultimate goal is to prevent environmental factors from adversely changing and repairing the ecosystem,and to pursue timeliness in relief methods.There are two kinds of current on the ecological environment compensation litigation and consultation,The reason why there is a,consultation"remedy path besides litigation is that the traditional litigation procedure is complex and time-consuming,and can not meet the requirements of the timeliness of ecological environment compensation.The"consultation"can prompt the compensatory obligor to reach compensation agreement and formulate restoration plan as soon as possible according to the assessment report,which is the work of ecological environment restoration put on the agenda as soon as possible.That is to say,the ecological environment damage compensation consultation system is designed to make up for the lack of timeliness of traditional litigation methods,However,the introduction of the consultation procedure into the compensation system for ecological environmental damage has created new problems:The nature of consultation belongs to the civil nature.The agreement reached by the parties lacks the force of enforcement.If the parties repent after reaching the agreement or when fulfilling the content of the agreement,it will be difficult to implement the agreement.Finally,they can only initiate the litigation procedure,which makes the dispute of ecological environment damage ultimately depend on the way of litigation.This not only makes the consultation lose its own advantages,Moreover,the settlement of ecological environment damage compensation cases will take longer.This paper is mainly divided into three parts.Firstly,it discusses the present situation of the judicial confirmation of the agreement on compensation for ecological environment damage,and then puts forward several key issues through the analysis of the current situation.Finally,it explores the construction of the judicial confirmation system of the agreement on compensation for ecological environment damage from the key issues.The purpose of this paper is to study the current situation and problems of introducing the system of ecological environmental damage compensation into the judicial confirmation procedure,explore how to construct the judicial confirmation system of the agreement of ecological environmental damage compensation,and promote the continuous improvement and perfection of various systems of the system of ecological environmental damage compensation.
Keywords/Search Tags:Consultation on Compensation for Eco-environmental Damage, Compensation agreement, Judicial confirmatio
PDF Full Text Request
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