Research On The Consultation System Of Compensation For Ecological Environment Damage

The consultation mechanism for compensation for ecological environment damage is a new type of environmental dispute resolution mechanism created in the reform of the compensation system for ecological environment damage.The mechanism takes the government as the compensation obligee,and reaches an agreement with the compensation obligor through consultation on issues related to compensation for environmental damage,and finally forms a consultation agreement to realize the restoration of the ecological environment.Since the implementation of the "Reform Plan for the Compensation System for Ecological Environmental Damage",the consultation mechanism has been popularized and applied nationwide.Many regions have actively explored and formulated consultation methods with local characteristics according to the requirements of the plan,and the number of cases resolved through consultation has also been increasing.The establishment of a consultation mechanism for compensation for ecological environment damages meets the requirements of a diversified dispute resolution mechanism,which can effectively save costs,prevent damages from expanding and balance the interests of all parties.Under the background of China's ecological civilization construction,consultation has become an important environmental dispute resolution mechanism.This paper focuses on the relevant issues of the consultation mechanism of compensation for ecological environment damage.Regarding the nature of consultation,this paper holds that the procedure and substance of consultation are under the leadership of the administrative organ,and its nature should be defined as administrative contract.The environmental public trust theory provides theoretical support for the rationality of the administrative organ as the right holder of compensation for ecological environment damage.The deep connotation of consultation conforms to the development direction of modern administrative law.The theoretical basis behind it can be traced back to the western deliberative democracy theory.Both provide strong theoretical support for the consultation.The development of consultation conforms to the development of diversified dispute resolution mechanism,and can make up for the deficiencies of litigation mechanism and environmental administrative law enforcement.It has the legitimacy to propose and develop.At present,there are some problems in the negotiation mechanism of compensation for ecological environment damages in China,such as the lack of standardization,the limitation of the scope of parties,the imperfect content construction,the unclear procedural construction and the imperfect supervision mechanism.In order to perfect the consultation mechanism of compensation for ecological damage,we should speed up the legislative process of the consultation mechanism so that the implementation of the consultation can really have laws to follow.The scope of the parties involved in the negotiation should be appropriately expanded so as to achieve a better balance of interests among various parties.Perfect the content construction,and better play a positive role in consultation when settling disputes over compensation for ecological environment damage;Clarify the procedural content of the consultation from the three nodes of start-up,meeting content and follow-up implementation,and strengthen the practical operability of the consultation;In the process of linking up with environmental public interest litigation,it is clear that the undertaking of administrative functions takes precedence over judicial supervision.The supervision of consultation needs to be improved from three aspects: subject,form and content to ensure fairness and justice in practical application.