Research On The Negotiation Procedure For Compensation For Ecological Environmental Damage

With the development of industry and science and technology,the ecological environment has suffered more and more serious damage,according to the principle of liability for damage,the damaged ecological environment should be repaired or compensated by the victim.However,in the face of the trend of increasing the number of ecological environment damage disputes,due to the difficulties of the high cost of litigation,long time,and there are administrative law enforcement is not strict,when dispute occurred consultation as a the parties preferred,the most flexible and most easier Dispute resolution has become an important way to deal with disputes over compensation for ecological environment damage.However,due to the lack of existing consultation,and the ecological environment disputes themselves have their particularity,leading to the consultation has some limitations in dealing with the dispute of ecological environment damage.Therefore,the construction of the consultation process of ecological environment will undoubtedly become an important research content.This paper uses the combination of theory and practice research methods,First of all,theoretically analyze the characteristics of ecological damage and the function of the consultation process,advantages and other issues.At the same time,combined with the practical experience of the pilot,for our ecological environment damage compensation consultation program advice and suggestions.The first part is the analysis of the necessity of constructing the consultation procedure of compensation for ecological environment damage.This part mainly analyzes the shortcomings of the current consultation procedure and the particularity of the compensation for ecological environment damage,so as to conclude that the current consultation procedure is not enough to deal with the compensation of ecological environment problem.The second part is the feasibility analysis of constructing the consultation procedure of ecological damage compensation.This part mainly elaborates from the five aspects:the realistic basis,the policy foundation,the theoretical basis,the value base and the empirical foundation.The third part is Suggestions on the Construction of Consultative Procedures for Compensation for Ecological Environment in China.This part is the innovation of this article and research results,it is based on the beginning of the consultation process,the end of the three stages to build.Among them,the main body of eco-environmental damage compensation consultation,the agreement of consultation procedure of ecological environment damage and the connection of litigation procedure,and the nature of the settlement agreement and the implementation problem of eco-environmental damage compensation are the core contents of the consultation process of ecological environment damage compensation.Part IV:The implementation guarantee of the consultation procedure of compensation for ecological environment damage,which mainly includes the four parts of the system of encouraging the active consultation of the responsible party,increasing the public participation procedure,strengthening the technical guarantee,perfecting the social relief system.The improvement of these four measures will provide a guarantee for the smooth implementation of the consultation procedure for compensation for ecological and environmental damage.