Research On The System Of Compensation For Ecological Environment Damage

At the Nineteenth National People's Congress,China emphasized the need to further improve the relationship between man and nature.In December 2017,the Central Government promulgated the Reform Program of the Compensation System for Eco-environmental Damage(hereinafter referred to as the Program).One of the most-innovative reforms in the Program is to create a compensation consultation system.The compensation system for ecological environment damage has the principle of "promoting according to law and encouraging innovation",and the consultation system is an innovation for ecological environment cases.According to the provisions of the Program,consultation refers to the investigation of the environment requiring restoration or compensation by the right holder after the damage to the ecological environment occurs,and the initiative to consult with the compensating obligor on the facts and extent of the damage and the way of assuming the liability for compensation,which is a new way to solve the compensation for the damage to the ecological environment unprecedented.The consultation system of compensation for ecological environment damage is only put forward in the Plan,and there are no other legal provisions.According to the actual situation,each province has promulgated corresponding administrative regulations to comprehensively implement the consultation system of ecological environment damage compensation.Although the above-mentioned documents put forward a new way to solve the ecological environment damage compensation,they do not specify the legal attributes of the consultation of ecological environment damage compensation.The substantive rules and procedural rules of the consultation system are not clearly stipulated;the role of government organs as compensatory obligees in the consultation process is also conflicting,that is,government organs are both compensatory obligees of the consultation system and supervisors of environmental protection.The provisions of the system are relatively simple to determine the identity of the government,which makes the development of the consultation system more uncertain and ambiguous.Firstly,by introducing the relevant meanings of ecological environment damage and compensation for ecological environment damage,this paper expounds the basic connotation of consultation for ecological environment damage compensation,discusses the objectives and characteristics of consultation system in detail,analyses the subject,object and content of consultation,and preliminarily introduces the basic content of consultation system.The second part analyses in detail the first successful case of consultation in China,elaborates on the substantive content of the consultation system and the standardized application of procedures.In order to make the consultation system provide practical and effective help for cases of compensation for ecological environment damage,give full play to the effectiveness of the consultation system for ecological environment relief,and realize the efficiency value and fair value of the consultation system.This paper puts forward some suggestions on the consultation system from the legal and practical levels.Firstly,it clarifies the civil nature of the consultation system,so as to ensure that the compensatory obligor and the compensatory obligor are in an equal position in the consultation process,so that the compensatory obligor can timely fulfill the consultation agreement reached;secondly,it establishes the system of linking consultation with the relevant environment to reduce the conflict between consultation and litigation system;thirdly,it defines the role of the government in the consultation process.