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

Different from traditional environmental tort,ecological environmental damage is the damage of public interests with the responsibility of repairing the environment,which can not be adapted to the civil tort relief mechanism of relieving personal and property rights.Therefore,China has implemented the compensation system for ecological environmental damage,which together with civil environmental public interest litigation and traditional administrative relief mode constitutes the ecological environmental damage relief mechanism,and plays a role in relieving the damaged ecological environment.In August 2017,the "Reform Plan for Compensation System for Ecological Environmental Damage" adopted by the central government put forward consultation as a new way to confirm the liability for compensation for ecological environmental damage,and clarified that the consultation system for compensation for ecological environmental damage will be tried on January 1,2018.This pioneering work established a different four-party cooperation and communication model of "government,enterprises,experts and the public",emphasizing the government's position as the right holder in compensation cases for ecological environmental damage,effectively solving the problem of "enterprise pollution," At present,the reform of compensation consultation system is in the initial stage,and some achievements have been made after many practices.However,the basic legal nature of compensation consultation is still unclear,and the system design is still not perfect,so it is necessary to conduct systematic research according to the existing legal documents and specific practices.The first part of this paper is an introduction.This paper introduces the research value of compensation consultation system,briefly expounds the background and practical significance of this paper,summarizes the research status at home and abroad,puts forward the necessity of discussing compensation consultation system,and explains the research methods and innovations of this paper.The second part is an overview of the consultation system of compensation for ecological environmental damage in China.This part mainly introduces the basic concepts and characteristics of the consultation system for compensation for ecological environment damage,analyzes its theoretical basis and the similarities and differences between compensation for ecological environment damage and traditional compensation for environmental tort damage,compares the differences between the subject of civil tort liability and the subject of rights in consultation,and finds that the content and nature of the consultation agreement are voluntary,thus exploring the substantive value contained in the compensation consultation system.The third part is the current situation of the consultation system of compensation for ecological environmental damage in China.On the legislative side,this paper expounds the contradictions between the Reform Plan of Compensation System for Ecological Environment Damage formulated and implemented by the central government and the Supreme People's Court's Several Provisions on Hearing Compensation Cases for Ecological Environment Damage(Trial),introduces the consultation management measures formulated by local governments,and lists the differences between local regulations,which is more operational than the regulations formulated by the central government.On the judicial side,by collecting and comparing the innovative solutions and typical cases in practice in various provinces and cities in China,this paper puts forward the deficiencies in our legislation and the practical effects such as expanding the subject of compensation consultation,perfecting the specific content of compensation consultation system and determining the litigation connection mode.The fourth part is the defects of the consultation system of compensation for ecological environmental damage in China.The substantive problems mainly include the unclear legal attribute of compensation consultation system,insufficient supervision of compensation obligee,too small scope of compensation obligor,weak supervision function of third party participation and lack of compensation supervision mechanism,etc In terms of procedure,there are some problems,such as the disunity of rules and procedures of compensation consultation system,the imperfection of appraisal and evaluation mechanism and judicial confirmation system of consultation agreement,and the confusion between consultation and litigation.The fifth part is the extraterritorial investigation of the consultation system of compensation for ecological environmental damage.By comparing and analyzing the compensation system for natural resources damage in the United States,the environmental agreement system in the European Union,and the third-party regulation mechanism for public nuisance disputes in Japan,the rules and design concepts that are beneficial to the construction of compensation consultation system in China are refined for reference.The sixth part is the suggestion of perfecting the consultation system of compensation for ecological environmental damage in China.In view of the one-to-one correspondence of the problems raised in the previous part,this paper puts forward my own opinions from both substantive and procedural aspects.In essence,we should make clear the legal attribute of compensation consultation system,establish the responsibility system of right subjects,expand the scope of consultation obligors,determine the function of third party participation,and establish the supervision system of compensation;Procedurally,we should unify and refine the procedural rules of compensation consultation,improve the appraisal and evaluation mechanism,improve the adaptability between consultation agreement and judicial confirmation system,and build an effective litigation connection mechanism.