Research On The Consultation System Of Compensation For Ecological Environmental Damage In My Country

Traditional environmental legislation follows a model of the human-environ ment-personal and property rights.The environment is only a medium for protec ting personal and property rights.However,the result of environmental damage will not only cause damage to people and property,but also damage to ecolog ical values,ecological functions,and ecological service capabilities,which cann ot be protected under the current legal system.The purpose of the compensation system of ecological environmental damage is to be able to relieve the environ ment itself,and the consultation system is a very important sub-system in the compensation system of ecological environmental damage.This paper takes the consultation system as the research object,studies its existing problems and put s forward relevant suggestions.The article is divided into four chapters.The first chapter discusses the concept,legal attributes and functions of the consultation system.Based on the analysis of the difference between environment and ecology and the concept of ecological damage,the concept of the consultation system was defined.The legal attributes of the consultation system mainly include the civil nature theory and the administrative nature theory,but neither of them can provide a solid theoretical basis for the consultation system.The author agrees to define the legal attribute of the consultation system as “administrative facts”.As a new system,consultation has the function of timely repairing the ecology,balancing the interests of both parties,and maintaining the normal operation of the enterprise.The second chapter analyzes the current status of the consultation system at the text level and the practice level.At the text level,at present,the central level has the “Eco-Environmental Damage Compensation System Reform Plan”(hereinafter referred to as the “Reform Plan”).and there are corresponding refor m programs at the local level.Some provinces also have consultation and man agement methods.The lack of a comprehensive consultation and guidance prog ramme is currently the biggest problem at the institutional level.In practice,th e current provinces have carried out consultations to a certain degree,but due to imperfections in the system,there are also many problems in practice.The third chapter is to sort out the current problems of the consultation system.As a new system,the consultation system does not have a complete norm in the connection between the consultation system and related systems,especially with environmental public interest litigation and administrative penalties.In the process of applying for judicial confirmation of the negotiation agreement,there is no mechanism for how to apply and how to review,and it is not possible to simply borrow the mechanism of judicial confirmation of the people’s mediation agreement,but making special regulations according to the particularity of the environmental consultation in terms of review method,review time and procedures.In addition,because of the imperfection of the consultation system,there is a problem in the information disclosure that the scope of information disclosure is narrow,the method is single,the time is short,and the supervision mechanism is lacking.Public participation become a mere formality,and there is no strong public participation mechanism.Since the compensation right holder has a natural advantage,the compensation right holder needs to be supervised during the consultation process.Unfortunately,there is no perfect supervision mechanism at present.The fourth chapter is to make some suggestions on the current problems o f the consultation system.In connection with the environmental public interest litigation,it is necessary to establish the order of the indemnity obligatory-publ ic interest organization-prosecution organ,which is determined by the nature of each subject.In terms of the connection with the administrative punishment la w,it is necessary to link the implementation order,the fines and the payment method of the compensation.In the case of judicial confirmation,it is necessar y to conduct a substantive examination of the consultation agreement,and in t erms of procedures,it is necessary to extend the examination period,improve t he examination level,and promptly publicize it.It is necessary to improve the information disclosure and public participation mechanisms to protect the publi c’s right.The consultation system has a natural advantage in protecting the env ironment,but at the same time there are some problems.Therefore,researching on the consultation system and establishing a comprehensive consultation syste m can better protect the environment.