Improvements On The Indemnity Consultation System Of Ecological Environment Damage In China

Indemnity Consultation System of Ecological Environment Damage in China is a new environmental legal system to solve environmental issues,which has been five years since its birth.From the pilot program for the reform of the Indemnity Consultation System of Ecological Environment Damage issued in 2015,to the reform program for the Indemnity Consultation System of Ecological Environment Damage issued in 2017,the Indemnity Consultation System of Ecological Environment Damage has been initially established nationwide,and local governments have also formulated special measures for consultation.At the same time,the theoretical research on the Indemnity Consultation System of Ecological Environment Damage is also a hot topic in the field of environmental law in China.As for its theoretical basis and legal quality,the academia is always full of disputes and never reaches a consensus,while this system has already started to practice in the whole country.Comparing other "consultations",there are two special points in the Indemnity Consultation System of Ecological Environment Damage.The one is that it is a transaction between the reduce of the legal liability and the indemnity scope of obligees and the agreement of obligors.The other is that it focuses more on the social public interest than the economic interest.In addition,it is both mandatory and voluntary.Its compulsory is that one of the parties must start the consultation as a pre-procedure,while its voluntary is that the other party still has the veto right of consultation.This specialty determines the difference between “consultation” and“mediation” and “reconciliation”,even though we often see the “figure” of“mediation” and “reconciliation” in this consultation system.Through online access,information publicity application and telephone consultation,the data and circumstances obtained from the Ministry of ecological environment of the State Council and 31 provincial administrative organs indicatesthat the subjects,procedures and rules of consultation of these provinces are different.Except for the situation that some contents are “used for reference” by each other,most provisions are different.Although there are innovations in the practice of this system in various provinces,some problems also can be found.To reform this system,it is obviously necessary to improve the problems and unify the rules of consultation,achieving the legalization and standardization of the Indemnity Consultation System of Ecological Environment Damage.Specifically speaking,the Indemnity Consultation System of Ecological Environment Damage needs to be improved from the following aspects.Firstly,to clarify the basic principles which should at least include the principles of legality,integrity,willingness,efficiency,equality and public participation.Secondly,to protect the public right to know and implement the principle of public participation,the government should strengthen the publicity of environmental information.Thirdly,the people's court should not participate in the consultation as a third-party subject.Fourthly,even if the participation of the procuratorate is conducive to the success of the consultation,it still should be appropriately restricted considering that it may fall into the position of "acquiescence of the parties' guilt".Fifthly,promoting the use of security deposit and prohibition order can achieve better results in consultations.Sixthly,to ensure the efficiency of consultation,the time limit of consultation should also be unified from two aspects: frequency and maximum time,while the standard of " special cases" needs to be clear.Seventhly,we should use the contents of civil law and civil procedure law for reference to standardize the rules of consultation agency.Eighthly,the indemnity agreement must be applied for judicial confirmation to fill the legal gap between the invalid agreement and the non-judicial agreement.Finally,it should be allowed to reduce or lighten the legal liability,so as to retain the core nature of consultation: transaction.