Legal Research On The Consultation System Of Ecological Damage Compensation

The vigorous development of China's industrialization and urbanization has been accompanied by great hidden dangers of ecological problems,which greatly inhibit China's ecological civilization.Because the occurrence of ecological environment damage has the characteristics of sudden strong,large damage range,pollution behavior is sometimes difficult to determine and so on,resulting in ecological damage is not compensated,ecological environment can not be repaired,and finally only by the Government to assume responsibility,the formation of "enterprise pollution,ecological damage,government pay" of the real predicament.The expansion of the type of ecological environment damage drives the increase of environmental justice cases,also reflects the ecological consciousness awakening of social public participation in environmental protection from the side,and the positive demand of the public for environmental justice at the same time forces the Government to actively perform its duties and improve the ecological environmental protection system.Under the social trend of increasing the contradiction between the people's growing needs for a better life and the uneven development of unbalanced,the appeal of ecological damage relief has attracted more and more attention from the people,this paper takes the formal implementation of the reform plan of ecological environmental damage compensation system as an opportunity,taking the compensation consultation system as the starting point,Deep excavation of the legal connotation behind the compensation consultation,combined with the specific situation of China's pilot practice,while drawing on the extraterritorial excellent experience,under the guidance of the concept of ecological civilization,the construction of an ecological environmental damage compensation consultation system in line with the concept of sustainable development,ecological response to the construction of the government-led environmental governance system.This article is divided into the first part of the introduction.This part first expounds the reason and significance of the topic selection of the thesis,introduces the necessity of constructing the consultation system of ecological Environmental damage compensation,then takes the consultation of ecological environment damage compensation as the benchmark,locates the research status at home and abroad,makes a general review,and finally introduces the various research methods used in this paper to explain the innovation points and shortcomings.The second part is a probe into the logical connotation of the consultation on Compensation for ecological environment damage.This part mainly introduces the basic concept of ecological environmental damage compensation consultation,on the basis of which,from the relevant concept analysis,legal attribute discrimination and value orientation of three aspects to analyze and explore the legal basis of compensation consultation.First of all,it is clear that the compensation for ecological environment damage is different from the traditional environmental tort damages,and the subject of liability and the subject of rights of consultation compensation are also different,and the content and nature of compensation consultation are intersecting with environmental administrative consultation and environmental administrative interview,which is easy to cause confusion,and further analysis of the nature of consultation procedure and the effectiveness,and explore the feasibility and value orientation of compensation consultation.The third part,China's Ecological environment Damage compensation consultation system of the real barriers.The investigation in the domain will study the construction of the current ecological environmental damage compensation system in China from the current legislation of our country and the legislative practice of the pilot area,and put forward the practical predicament such as the doubt of the legal attribute of compensation consultation,the lack of restriction of subject power,the unclear scope of application of consultation and the imperfection of the connection mechanism of the lawsuit.Part IV,the extraterritorial investigation of the consultation on compensation for ecological environmental damage,through the selection of the United States,Japan,the European Union and other ecological damage compensation system to improve the developed countries and regions of the relevant system and design concepts,the use of comparative analysis and other research methods,the United States natural Environment damage compensation system,the Japanese Public Nuisance Adjustment committee system,the EU voluntary environmental agreement system carries on the research analysis,provides the feasibility reference for our country ecological Environment damage compensation consultation system.The part V,the system constructs the ecological environment Damage Compensation consultation system path choice.This part from the basic principles,start-up links,consultation links,follow-up links in four aspects of the progressive layer,and gradually outline and build China's ecological environment damage compensation consultation of the standardized programpath.