A Study On The Consultation Of Ecological Environment Damage Compensation In My Country

Eco-environmental damage compensation negotiation creatively applies the concept of civil equal negotiation to environmental administration,which has a positive significance in diversifying and efficiently solving the problem of eco-environmental damage compensation.However,from the perspective of the emergence and development of China's eco-environmental damage compensation consultation system,as a new system,whether it is in theoretical research or system design,there is still room for improvement,and the actual performance of consultation practice needs to be improved..Therefore,it is necessary to start from the theoretical basis and legal nature of the consultation,comprehensively review the current status of the consultation in China,and draw on useful experience from abroad to explore corresponding countermeasures to enhance the effectiveness of the consultation practice.The entire length of this article includes four parts.In addition to the introduction and conclusion,the four parts of the text are as follows:The first part is an overview of the basic theories of ecological damage compensation consultation.First of all,the connotation of ecological environment damage compensation consultation is defined,including its concept and basic characteristics.Secondly,an analysis of the theoretical basis of the consultation on compensation for ecological and environmental damages,including the theory of national ownership of natural resources and the theory of environmental benefits.Thirdly,from the different viewpoints of scholars on the legal nature of consultation,focus on the analysis of "administrative behavior theory" and "civil behavior theory".Finally,we will focus on the three functions of consultation to stabilize the ecological order,realize the balance of interests,and improve the efficiency of relief,so as to provide a basic theoretical basis for the following.The second part is a preliminary review of the status quo of China's ecological environment damage compensation consultation.Overall,it is mainly reflected in two aspects: First,the construction of China 's ecological environment damage compensation consultation system and judicial practice have been carried out,but it is still in its infancy;second,the current legal basis for consultation in China 's ecological environment damage compensation consultation remains to be seen Sound,the procedure of consultation needs to be clarified,the linking mechanism between consultation and related procedures needs to be strengthened,and the consultation and supervision mechanism needs to be improved.The third part is a preliminary analysis of the practice of consultation on ecological damage compensation in the United States.It summarizes the useful experience gained from the practice of consultation in the United States with a sound legal system as a guarantee,detailed and specific consultation procedures and significant public supervision.The improvement of the compensation consultation system provides reference.The fourth part is about the problems existing in China's current ecological and environmental damage compensation consultations,and proposes to improve the ecological and environmental damage compensation consultation legislation,clarify the specific procedures of ecological and environmental damage compensation consultations,strengthen consultations and environmental public interest civil litigation and administrative penalties The cohesion mechanism of the procedure and the improvement of the consultation and supervision mechanism are suitable for China's national conditions.I hope it can provide a useful reference for the further improvement of China's ecological environment damage compensation consultation system,and hope to promote a better ecological environment damage compensation consultation system in practice.Applicable to further safeguard the public interest of the environment.