Study On The Consultation System Of Ecological Environmental Damage Compensation

China ’s long-term rapid economic growth has brought about increasingly serious ecological and environmental problems.At the same time,the lack of systematic environmental legislation and the imperfection of the ecological environment damage relief system have made it difficult for the damaged ecological environment to be effectively relieved,and the ecological adjustment function has declined,which has greatly suppressed With the development of China’s ecological civilization.In order to change this status quo,and at the same time strengthen the polluter’s responsibility,more effective and effective relief of the polluted ecological environment,the ecological environment damage compensation system should be born.Among them,the eco-environmental damage compensation consultation system is a major innovation in the eco-environmental damage compensation system,but the relevant provisions on the compensation consultation system in the "Ecological Environment Damage Compensation System Reform Program"(hereinafter referred to as the "Reform Program")are too abstract.As a result,the practice of applying the compensation consultation system to solve ecological and environmental damage compensation cases in various places in practice has shown a different state and exposed many problems.Based on the "Reform Plan" and "Several Provisions of the Supreme People’s Court on the Trial of Ecological Environmental Damage Compensation Cases(Trial)"(hereinafter referred to as "Several Regulations"),starting from the concept and connotation of the ecological environmental damage compensation consultation system,through comparison Analysis of the rationality and limitations of the current main academic views finally concludes that the "negotiation administration theory" can provide a reasonable and feasible interpretation framework for the consultation system.On this basis,the author combined with China’s specific practical experience and relevant system experience outside the country,aiming at the abstract application scope of the consultation system existing in China’s current consultation system practice,compensating the right holder’s power without borders,applying the judicial confirmation system to ensure the existence of the agreement implementation Restrictions and other issues,according to the order of initiation of the consultation process,respectively proposed to improve the scope of consultation main body,detailed consultation specific procedures,improve the consultation agreement guarantee implementation mechanism,refine the consultation system and related litigation connection rules,and other perfect proposals,in order to be able to play a greater degree of compensation The consultation system and related systems work together to meet people’s increasing needs for a better life and high requirements for a good ecological environment.