Research On The Judicial Confirmation System Of China's Ecological And Environmental Damage Compensation Agreement

The judicial confirmation system of the ecological environment damage compensation agreement refers to the system that the parties reach the ecological environment damage compensation agreement on the basis of consultation and confirm the validity of the agreement through a certain procedure to ensure the implementation of the agreement.This system belongs to our country reform characteristic product,the development time is still short,therefore will have certain question.In the first place,the confirmation method of the ecological environment damage compensation agreement is facing difficulties.Presently there are three main ways of achieving the enforcement of compensation agreements in China: the first is to be enforceable when it is reached,the second is to be enforceable when notarized,the third is to be enforceable when judicial confirmed.Promiscuous confirmation is a big dilemma at present because of the lack of explicit regulation of Superior Law.In the second place,the procedures of the judicial confirmation of ecological and environmental damage compensation agreements are undefined.The application and jurisdiction,review standards and forms,review period and organization,the public rules before confirmation,withdrawal issues and so on are not expressly stipulated,so they should be proceeded in accordance with the provisions of the ecological and environmental damage compensation litigation,or the special rules specifically set for them.In the third place,there are defects among the judicially-recognized relief approaches of the ecological and environmental damagecompensation agreements,for lacking of accountability and supervision mechanism for relevant responsible personnel,the expressly stated rights of a third party to claim on the relevant content of the agreement and so on.Combine the problem pertinently put forward the perfect proposal of three respects.Firstly,clarify the confirmation methods and efficacy of the eco-environmental damage compensation agreements;secondly,establish special rules for the judicial confirmation of ecological environment damage compensation agreements,for instance,at least one professional should be among the members of collegiate panel;thirdly,the relief system of judicial confirmation of ecological and environmental damage compensation agreements should be improved,for example,those who make false agreements should be held accountable,the third parties' withdrawals of their actions should be allowed,the connection between judicial confirmation of compensation agreements and other litigation procedures should be strengthened to avoid wasting judicial resources.