Study On The Consultation System Of Compensation For Ecological Environment Damage In China

With the development of the economy taking off,the problem of damage to the ecological environment has become more serious,and the number of schemes in various places has risen sharply,which has gradually attracted people's attention to protecting the environment.Traditional environmental law mainly focuses on the compensation of people and property that have suffered damage,without paying attention to the governance of the irreversible ecological environment.Although the emergence of environmental public interest lawsuits has solved some environmental problems and achieved some achievements,it is undeniable However,the litigation procedure takes a long time,and the environmental problem itself has complex characteristics,and the litigation method cannot solve the problem well.As for China's innovation system,there are only policy documents in terms of text,while legislation is vacant.This article is divided into three parts.The first part starts from the theoretical aspect.First,the ecological environment damage compensation consultation system is defined from the two aspects of ecological environment damage and consultation.It has a basic understanding of the connotation of the consultation system.Second,it analyzes the necessity of its existence,mainly to avoid waste.Resources,prevention of damage expansion,and balancing of interests of all parties;Finally,by analyzing the theory of civil nature and administrative nature that exist in the theoretical world,summarize their own views and consider that the consultation system is civil.The second part summarizes the shortcomings of China's consultation system based on the current situation at the text level and the practical level.From the textual level,the "Eco-Environmental Damage Compensation System Reform Plan"(hereinafter referred to as "the Reform Plan")implemented in China in January 2018 and the "Several Provisions of the Supreme People's Court on the Trial of Eco-Environmental Damage Compensation Cases" introduced in June 2019(Trial)"(hereinafter referred to as" Several Provisions ");from a practical level,incomplete statistics of ecological environmental damage compensation cases across the country are selected,two typical cases are selected,and the regulatory documents and consultation systems issued by various regions are combined The actual status of the actual operation,and then summarizes the advantages and current problems of the current China's ecological and environmental damage compensation consultation system: the uncertainty of the third parties participating in the consultation,the prerequisites,times and time intervals for starting the consultation are not clear,and the process of judicial confirmation The regulations are too simple and lack a perfect monitoring mechanism.In the third part,in view of the problems existing in the consultation system,from the three stages of consultation initiation,investigation,evaluation,negotiation,implementation,and supervision,and appropriately drawing on foreign advanced experience,it puts forward clearly third-party entities participating in the consultation and improves environmental damage assessment.Recommendations such as assessment framework,unified judicial confirmation system,and improvement of the supervision mechanism of the consultation system are expected to provide useful ideas for the construction of an ecological and environmental damage compensation system.In the near future,laws that specifically stipulate the consultation system will be introduced to fill China's consultation system legislation Aspect blank.