Research On Diversified Dispute Settlement Mechanism Of Ecological Environmental Damage Compensation

On December 3,2015,the General Office of the CPC Central Committee and the General Office of the State Council issued the ‘Pilot Program for the Reform of the Compensation System for Ecological Environmental Damage'.Then,in 2017,the state promulgated the‘Eco-Environmental Damage Compensation System Reform Plan',Established a dual dispute settlement mechanism for ‘consultation and litigation' in the compensation system for ecological environmental damage,after the occurrence of the ecological environment damage,the person responsible for the damage shall be recovered and paid to the provincial and municipal government and other compensation right holders.The provincial and municipal governments shall take the initiative to consult with the person responsible for the damage.If there is no consultation or no agreement,the compensation right holder may file a lawsuit for compensation for ecological environmental damage according to law.In the choice of the two mechanisms of consultation and litigation,the principle of ‘active consultation,judicial guarantee' must be observed.However,in reality,the binary dispute settlement mechanism of ‘consultation and litigation' has several shortcomings,and it is not enough to deal with all the problems.In order to better implement the compensation system for ecological environmental damage,a multi-disciplinary dispute resolution mechanism for ecological environmental damage compensation should be constructed.To this end,this article discusses this topic in four ways:The first part is the introduction,analyzes the research background and significance of this paper,and focuses on the current research status of the research topic at home and abroad.The second part is the concept and system interpretation of the dispute resolution mechanism for ecological damage compensation.Firstly,it analyzes the concept and characteristics of the ecological damage compensation dispute settlement mechanism,and further analyzes the various existing dispute resolution methods for environmental disputes.Finally,it briefly analyzes the two dispute settlement methods and litigation of the current ecological damage compensation provisions.The third part is the existing problems and causes of the dispute settlement mechanismfor ecological environmental damage compensation.The author first introduced the problems existing in the dispute settlement mechanism for ecological environmental damage compensation,and revealed that the current legal basis of the ecological damage compensation system is insufficient,the loopholes in the consultation procedures,the compensation for ecological environmental damage compensation and other litigations are not smooth,and the non-litigation settlement method fails.Get the problem and other issues.Through the analysis of the existing problems in the implementation of the ecological damage compensation system,the author summarizes the following reasons for the deficiency of the ecological damage compensation system: the dispute over the source of ecological damage compensation legislation,the unclear understanding of the nature of the ecological damage compensation consultation procedure,the ecological damage compensation method is single.The fourth part is the improvement measures for the dispute settlement mechanism for ecological environmental damage compensation.The author believes that the compensation system for ecological environmental damage currently only provides two dispute resolution methods for consultation and litigation.However,in order to effectively achieve the restoration and compensation of ecological environmental damage,it is necessary to formulate legal provisions for the settlement of ecological environmental damage compensation disputes.A government-led environmental damage compensation system should be constructed to form a diversified dispute resolution mechanism with standardization consultation and relief,judicial relief,and non-litigation relief.To this end,it is necessary to construct a supporting legal system for system integrity,play a pre-emptive role of the consultation mechanism,ensure the effective integration of the ecological environmental damage compensation lawsuit and other judicial protection mechanisms for ecological environmental damage compensation,and establish an arbitration system for compensation for ecological environmental damage.