The Construction Of Consultation On Compensation For Damage To Ecological Environment

The existing environmental litigation system has the disadvantages of complicated procedures,lengthy time and high cost,which makes it difficult to repair or compensate the damaged ecological environment in time.Therefore,the establishment of the eco-environment damage compensation consultation arises spontaneously,which can completely make up for the deficiencies of other litigation systems.In the process of practice,it can indeed provide timely relief to the damaged ecological environment,but there are still contradictions and disputes between theory and practice.Therefore,starting from theory and practice,this paper tries to solve the theoretical basis and the difficult problems of eco-environment damage compensation consultation.On the other hand,it integrates the "Methods for eco-environment damage compensation consultation " issued by many provinces and cities to construct the external and internal procedures of the negotiation system.This paper is mainly divided into three parts:The first part mainly clarifies the related concepts and characteristics of eco-environment damage compensation consultation.By means of comparison,the differences between compensation negotiation and other relevant mechanisms are expounded,which highlights the characteristics of low cost,high efficiency and flexibility of compensation negotiation.It is more suitable for communication with compensation obligors in timely repair or compensation for ecological environment damage.In the second part,through the combination of factual cases,the provincial and municipal governments and their designated relevant administrative departments have continuously innovated and explored in the consultation.It embodies the four principles of eco-environment damage compensation consultation whether it is multi-department joint investigation and evaluation,the participation of lawyers and technical professionals to enrich the participants in the consultation,the judicial confirmation to ensure the effectiveness of the consultation agreement,or the suspension of civil public interest litigation with the same damage facts to support the consultation.The third part is the internal structure construction of the eco-environment damage compensation consultation.By integrating the "Measures for the Implementation of Compensation Consultation" published at the provincial and municipal levels,the detailed design and integration of the preparation,execution,termination,execution and supervision of the consultation are carried out respectively to explore the bright spots and high efficiency of each place,so that each link can be carried out smoothly,supervision can penetrate into each link,and the procedural content of the consultation system can be improved.