Research On The Consultation System Of Compensation For Ecological And Environmental Damages

As the number of ecological and environmental damage cases continues to increase,the China Office and the State Office issued the "Ecological and Environmental Damage Compensation System Reform Plan"(hereinafter referred to as the "Reform Plan")in 2017,before file an eco-environmental damages compensation litigation,the obligee of compensation and obligor must negotiation with each other.Before litigation,open consultations,quickly reach agreement and perform in a timely manner,can effectively save judicial resources,in today's court facing "more cases and fewer cases",it is conducive to saving judicial resources,at the same time,it also solves the time-consuming and laborious litigation The problem is conducive to repair of the damaged ecological environment without delay.However,there are still some problems with the system,such as:the system is not standardized and lacks a theoretical basis,and the feasibility in practice needs to be further discussed and the connection with the lawsuit is not smooth.This article is formed by reading relevant literature,collating and collecting relevant cases,and comparing the pilot programs.The purpose is to analyze the theoretical basis,nature,and feasibility of the compensation consultation system,and then combine the characteristics of the seven pilot places on compensation consultation and the national Representative consultation cases,analyze the problems in the practical application of the compensation consultation system,and further improve suggestions for the existing problems.This article is divided into the following four parts:The first part is about the theoretical basis of the consultation system of ecological environment damage compensation.It first expounds the concept and theoretical basis of compensation for ecological environment damage,and distinguishes ecological compensation from compensation.On this basis,it further proposes consultation on ecological damage compensation Concept:After substantial damage to the ecological environment occurs,the government or its designated department(compensation right holder)negotiates with the main body that damages the ecological environment(compensation obligor)on an equal basis to reach and perform a consultation agreement.Then discuss the relevant subjects of the compensation negotiation and their significance.The second part discusses the feasibility of damage compensation consultation from the aspects of the legal nature of consultation on ecological damage compensation,the distinction between administrative reconciliation and administrative mediation,and the negotiation of damage compensation from foreign experience.Regarding the legal nature of consultation on ecological damage compensation,there are currently "civil behavior theory","administrative behavior theory" and "mixed behavior theory" in academia.This article agrees with "mixed behavior theory" and separates the process of compensation negotiation.Before the act begins,the administrative organ,as a public authority,facilitates the investigation and collection of evidence,damage identification,and preparation of plans.In the process of consultation,it is an equal civil subject with the obligor of compensation and negotiates on an equal basis.Regarding the distinction between compensation negotiation,administrative reconciliation and administrative mediation system,this article distinguishes the three based on the identity status of the subject and the effectiveness of the agreement reached.At the same time,the United States and the European Union have adopted similar consultation methods in solving ecological and environmental problems.Therefore,my country can learn from the experience of other countries.The third part analyzes the current situation of Consultation on ecological damage compensation in China,analyzes the differences between the seven pilot local plans and the "Reform Plan" regarding consultation on ecological damage compensation,and then combines the typical compensation consultation cases carried out across the country.It was found that the compensation negotiation has problems such as difficulty in determining the scope of damage,unrestricted negotiation time limit,inconsistent subject of negotiation,and unclear connection with environmental civil public interest litigation.The fourth part gives targeted suggestions on the issues raised in the third part:clarify the starting conditions of compensation consultation,refine the consultation standard,supervise the compensation consultation,and effectively link the compensation consultation with environmental civil public interest litigation.