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

Although the environment is "priceless ",but to a certain extent it is valuable.After the ecological environment damage occurs,the aggressor should bear the corresponding responsibility for the fact of his own damage.In the rapid development of society today,there are more and more cases of environmental damage,how to carry out environmental restoration,if only through the way of litigation,can not help but because of the difficult proof of environmental cases,the main body of responsibility is difficult to determine,long litigation time and other reasons,the ecological environment is difficult to get timely restoration.In 2015,the "Pilot Program for the Reform of the Compensation System for Ecological Environmental Damage "(hereinafter referred to as the " Pilot Program ")issued by the Central Office and the State Office stipulated that the consultation mechanism for compensation for environmental damage should be established,and the term "consultation" was first proposed in the field of environment.In 2017,the Reform Programme for the Compensation System for Ecological and Environmental Damage(hereinafter referred to as the Reform Programme)was re-issued,further improving the previous provisions and making consultation a necessary procedure before litigation.In 2019,the Supreme Court issued the "Supreme People’s Court on the trial of ecological environmental damage compensation cases(trial)"(hereinafter referred to as " several provisions ")for the first time put forward the "restoration of the ecological environment" this liability,and clear the convergence rules between such cases and environmental civil public interest litigation.The consultation system of ecological environmental damage compensation has the characteristics of low cost and high efficiency compared with the litigation system,and its positive significance is as follows: first,it can not only make the damaged environment no longer expand to a certain extent,but also can not waste the resources of the related litigation and save the time wasted by the litigation for both parties;second,the consultation is the result of equal communication between the parties,and the negotiation agreement reached is satisfactory to both parties,thus avoiding the impact of the long litigation time on the benefit of the enterprise,and prompting the enterprise to have the initiative to fulfill the relevant repair responsibility for environmental damage in a timely manner.Whether the system can really bring into play the value expected by the setters and the masses needs to be discussed from the following five parts:The first part discusses the summary of the consultation system of compensation for ecological environmental damage.First of all,it analyzes the difference between the two similar concepts,clearly defines its connotation and extension.Secondly,it analyzes the nature of the consultation on compensation for ecological environmental damage,the views of the theoretical circle on the system and the views of this paper,and the specific understanding of the system in our country today.Thirdly,we should further analyze the positive role of the consultation system for compensation for ecological environmental damage,refer to the provisions of other civil areas,change administrative means by environmental protection departments,ease the pressure on law enforcement by grass-roots environmental protection departments,enhance corporate social responsibility,and enhance public participation in environmental protection.Finally,the relevant contents of the consultation are analyzed.The second part is the legitimacy analysis of the consultation system of compensation for ecological environment damage.This paper introduces the theoretical basis of the system,the theory of environmental rights and the theory of environmental interests.The feasibility of this system is analyzed,which not only meets the inherent requirements of ecological civilization construction,but also conforms to the trend of legal dispute resolution diversification in harmonious context.This paper expounds the necessity of this system,which can realize the balance of interests,stabilize ecological order and improve relief efficiency.The third part is the text of the system and the status of in-depth analysis.This section is carried out in two aspects,that is,the present situation of the text and the investigation of the practice,the present situation of the text is divided into a pilot program at the central level,a reform program,a number of provisions of the Supreme Court,and a program at the local level.The practical investigation of the consultation system of ecological environmental damage compensation in our country mainly through analyzing the typical successful cases,some successful cases and failure cases,from the case to find out the specific defects and deficiencies of the consultation system.The fourth part from our country ecological environment damages consultation system existence question.Both substantive and procedural issues are also —— in this sector.The substantive issues are mainly what is the claim basis of the consultation system and whether the nature of the consultation can be determined can be determined,and how the subject carries out relief after the failure of the consultation;the proceduralissues are related to how the consultation system links up with the litigation,the imperfect supervision mechanism of the consultation,the single mode of responsibility for the consultation and the defects of introducing the third party in the consultation system.The fifth part from the ecological environment damage compensation consultation system consummation analysis.In terms of entity construction,firstly,the theory of state ownership should be determined as the basis of the right of claim,and the legal nature of the consultation should be defined as civil legal act.Secondly,the judicial recognition system in the relief of the negotiating subjects should be clarified to fully guarantee the equal status of the negotiating subjects.Finally,the appropriate scope should be expanded from the existing negotiating bodies.Procedure setting: perfect the effective connection between consultation system and litigation system;To further strengthen the supervision mechanism of the consultation system,for example,to clarify the scope of consultation to be made public;The administrative organ at the place of injury should be considered as the first right holder of compensation to improve the efficiency of the consultation and to refine the specific operation process of the consultation.Finally,it further enriches the way of undertaking the responsibility of consultation and introduces the third party.