Research On The Consultation System Of Compensation For Ecological Environmental Damage

Environmental problem is an important issue in national governance,the core of which is damage compensation.The implementation of the “Reform Program of Ecological Environmental Damage Compensation System” means that China's exploration of ecological environmental damage compensation system has entered a new stage.The “reform program” has further put much emphasis on the working principle of “active consultation and judicial guarantee” and put the consultation system of ecological environmental damage compensation at the core of the whole compensation system.However,as a new system,there are still many ambiguities in its system design,especially in the subject,procedure and content of the negotiation on compensation for ecological environmental damage.Practical experience shows that only by defining the scope of the main body of the consultation can the responsibility of ecological environmental damage repair be effectively implemented,only by refining the consultation procedures can the consultation system be efficiently operated,and only by clarifying the contents of the consultation agreement can the consultation work be effectively carried out.As a result,based on the current situation of theoretical research on practical development,it is necessary to make detailed regulations in these three aspects.In the first part,this paper introduces the significance of the consultation system of ecological environmental damage compensation in the current work of ecological environmental governance.From the second to fourth parts,the relevant contents of the consultation system of ecological environmental damage compensation are improved from three aspects,they are the main body,the procedure and the content of the agreement respectively.First of all,in the second part,this paper regulates the main scope of the negotiation on compensation for ecological environmental damage,so as to promote the smooth development of the system in procedure and the effective implementation in result.That is to say,the compensation right holder is limited to provincial and municipal governments,the joint infringer of ecological environmental damage,the potential liability for ecological environmental damage and the insurance company with compulsory liability for ecological environmental damage are introduced in the compensation obligation holder,and the scope of the insurance company is regulated in detail in the third party subject according to its role in the negotiation.Secondly,in the third part of this paper,the consultation procedure of ecological environmental damage compensation is designed in detail,namely,the consultation procedure is planned in three parts,that is to say,starting,implementing and ending,and the judicial confirmation procedure of ecological environmental damage compensation agreement is improved.And then,in the fourth part of this paper,the contents of the negotiation agreement on compensation for ecological environmental damage are sorted out,and the key points in the agreement are clarified: the fact of ecological environmental damage,the scope of compensation and the way of fulfilling responsibility.Finally,in the fifth part,this paper takes “Lv Yixin Illegal Dumping Case” as a practical sample,analyzes its bright spots and shortcomings in accordance with the existing theories,and proposes to improve the relevant legal system of ecological environmental damage compensation consultation and “Consultation Methods”of Zhejiang Province based on empirical evidence.