Research On Judicial Confirmation Of Consultation Agreement On Compensation For Ecological Environment Damage

At the end of 2017,one of the key contents of the reform plan for the compensation system for ecological and environmental damage issued was to "encourage compensation consultation".However,the negotiation agreement for ecological and environmental damage reached lacked legal force,so the plan proposed to apply to the court for judicial confirmation on the negotiation agreement.The judicial confirmation of the negotiation agreement of ecological environmental damage compensation refers to the system that the parties confirm the validity of the agreement through certain procedures after reaching the compensation agreement on the basis of consultation,so as to ensure its implementation.Ecological environment compensation agreement for judicial confirmation is very necessary,judicial confirmation first consultation agreement with law enforcement,the second a judicial confirmation the consultation activity can be developed,moreover court may through judicial control consultation agreement as to avoid the hidden danger of harm social public interests,and finally compared to a lot of work,settle disputes through judicial confirmation to save the cost.However,since "consultation" and "mediation" are two completely different concepts,there are differences between the negotiation agreement and the general mediation agreement.In China,there is no legislation or judicial interpretation on judicial confirmation of the negotiation agreement for ecological environmental damage compensation,so there is confusion in the judicial confirmation and ruling of the negotiation agreement for ecological environmental damage compensation in practice.Second,whether the consultation process requires the participation of third-party organizations;Thirdly,it is difficult to determine the jurisdiction court confirmed by judicial consultation agreement.Fourth,the consultation agreement judicial confirmation examination standard has the insufficiency;Fifth,the current judicial confirmation review period is short;Sixth,the consultation agreement judicial confirmation whether needs to make public.Through the "ecological environmental damage compensation agreement to the judicial confirmation" related literature collection,analysis,draw some scholars point of view,and at the same time,according to the practice,guizhou,zhejiang,chongqing and other places on the ecological environment compensation agreement to judicial confirmation of relevant practice,the construction put forward: clear agreement to the nature of civil contract;No third party organization is required to participate in the consultation process;(ii)determination of the court of jurisdiction on the basis of "closest contact + size of influence";Increase substantive review of judicial confirmation of consultative agreements;The review period for judicial confirmation of the consultation agreement shall be extended;Consultation agreement must be made public before judicial confirmation and other views.It is hoped that the judicial confirmation of the negotiation agreement on compensation for ecological environmental damage can not only solve the problems faced by the judicial confirmation of the negotiation agreement on compensation for ecological environmental damage,but also encourage people to pay more attention to the issue of ecological environmental protection and escort it from the perspective of legal norms.