Study On The Consultation System Of Compensation For Damage To Ecological Environment

Forty years of development,China’s economic and social development is booming,and created a Chinese miracle.However,the ecological environment is facing a severe situation.Since 2015,the CPC Central Committee and the State Council have successively issued the pilot program for the reform of the compensation system for ecological environment damage and the reform program for the compensation system for ecological environment damage,in which the consultation system for the compensation for ecological environment damage has been established,which is of milestone significance for the construction of ecological civilization.This paper will study the consultation system of compensation for ecological environment damage,based on legal analysis,analyze the connotation of the consultation system of compensation for ecological environment damage,the legitimacy of the consultation system of compensation for ecological environment damage,and clarify the nature of the consultation system of compensation for ecological environment damage.Taking the consultation practice of provinces and cities as a model,this paper summarizes the elements of the consultation system of compensation for ecological environment damage,and standardizes the consultation behavior of the consultation subjects.Based on the relevant experience at home and abroad,this paper sums up the safeguard measures of the consultation system of compensation for ecological environment damage,which is the escort of the consultation.Consultation is negotiation,negotiation is standard design of consultation and dialogue.The consultation system of compensation for ecological environment damage is a consultation dialogue for protecting the rights and interests of the ecological environment,repairing the damaged ecological environment,implementing the principle of "bearing the responsibility for damage" in the environmental protection law,and between the compensation obligee and the compensation obligor on the compensation for ecological environment.The design of consultation system is an innovation of the way of ecological environment damage relief,but in the consultation system,what is the basis of the right to claim for the compensation of theobligee’s exercise and what is the legal basis for the compensation of the obligor’s responsibility,we need to trace the root in the legal theory.The design of a legal system should make clear the subject of rights and obligations and their corresponding rights and obligations,and standardize the procedures for the exercise of the legal system.In the consultation system,the scope of the right subject is relatively narrow,and the restrictions on the exercise of the right owner are not stated,which is not conducive to the fairness of the consultation process.The scope of the subject of obligation is relatively narrow,which is not conducive to the overall protection of the interests of the ecological environment.There are no detailed provisions in the consultation procedure,which makes the application of norms in the practice of consultation in various provinces and cities not uniform.The supervision and implementation of the consultation system are too rough,which will easily lead to a blank negotiation agreement.Starting with the definition of consultation,this paper analyzes the rationality of consultation system,clarifies the nature of consultation system,standardizes the elements of consultation system,explores the guarantee consultation of consultation system,and explains the theoretical and practical significance of consultation system design.The legitimacy of the system is explained by the principle of public trust and the principle of "responsibility for damage".The state has the right to request the environmental infringer to bear the responsibility for damage based on the National Trust Management of natural resources,which is the source of the rights of the government as the compensation obligee,while the compensation obligor performs the obligation of repair or compensation due to the principle of "responsibility for damage" in the environmental protection law.With the development of science and technology,the government changes in the way of administration.There are quite different from the traditional ways.It is gradually changing to a service-oriented government.With the reference of civil and commercial activity norms,the traditional compulsory administrative law enforcement gradually becomes weak power and flexible law enforcement.The consultation system is the performance of the government’s consultation administration.We should learn from foreign experience and consultation practice of provinces and cities to standardize consultation contents,procedures and safeguards,improve the design of consultation system,and speed up the construction of ecological civilization.In the consultation cases of ecological environment damage,all provinces and cities should innovate boldly,expand the scope of the right subject,introduce the third party into the consultation,and ensur thefairness of the consultation agreement.According to local conditions,we should improve the consultation procedure in practice to ensure the smooth progress of consultation.Establish filing mechanism,credit evaluation mechanism,ensure the formulation of consultation agreement,timely inform the public of the progress of consultation through the media,and let the public supervise the consultation.