Research On The Negotiation System Of Compensation For Ecological And Environmental Damage

The eco-environmental damage compensation negotiation system means that before the intervention of the judicial organ,the indemnity holder and the indemnity obligor negotiate on an equal and voluntary basis with respect to the relevant matters of compensation for ecological environmental damage in advance.It is conducive to resolving disputes in a friendly manner,so as to reach a compensation agreement and effectively perform,and to saving national judicial resources.To establish a eco-environmental damage compensation negotiation system,first of all,it is of great significance to clarify the legal nature of negotiation.The negotiation should be an act of both civil and administrative nature.The construction of ecological environmental damage compensation negotiation system in China is still in the early stage,according to the pilot province legislation present situation and the implementation,many problems still exist in the process of consultation.Firstly,the subject of negotiation is single,and the scope of the compensation right holder and the compensation obligor is too small.Secondly,the process of negotiation is not clear.There are no detailed provisions on when the negotiation will start and end,nor is it clear about public participation and information disclosure.Finally,the way of remedy for the negotiation is not specific,the judicial confirmation system of the compensation agreement lacks details,and the connection between the compensation agreement and the litigation procedure is not in place.Therefore,in view of the problems found in the negotiation process of pilot provinces and cities,the negotiation system of ecological environmental damage compensation should be improved: First,to expand the main body ofconsultation,including the scope of compensation right holders and obligatory parties,and add third party as the negotiating body.Second,we should improve the procedure design of the consultation on ecological damage compensation,and clarify the timing and termination of the consultation,and improve public participation and information disclosure.Thirdly,we should establish the relief system of ecological and environmental damage compensation consultation,establish the judicial confirmation system of compensation agreement,and strengthen the connection between consultation and environmental civil public interest litigation.By improving the negotiation system of compensation for ecological and environmental damage,we can promote the construction of ecological civilization and the healthy and orderly development of environmental protection in China.