Research On The Consultation System For Compensation For Ecological And Environmental Damage

In 2015,China issued the The Pilot Scheme for compensation system for the damage to the ecosystemandconducted pilot work in 7 provinces and cities.China has initiated the construction of an ecological environment damage compensation system.In 2017,China promulgated The Reform plan of ecological environment damage compensationsystem.Construction of the ecological environment damage compensation system started nationwide.The negotiation system is one of the important steps in the ecological environment damage compensation system.The two parties communicate through negotiation.Agree on the issue of ecological damage compensation.However,the construction of China’s negotiation system is still not perfect.First of all,this paper analyzes the origin of the construction of China’s negotiation system and the existing legal texts.It studies the four main contents of the participants,the rights and obligations of the parties,the effectiveness of the negotiation agreement and the negotiation process.Through research,it is found that China’s negotiation system has the following shortcomings: First,the power regulation of administrative subjects is insufficient.Second,the protection of compensation obligors is insufficient.Third,the design of consultation effectiveness is not clear.Fourth,the public participation in consultation is lacking.Second,this paper explores the theory of China’s ecological environment damage compensation negotiation system.It is found that there is a problem of unclear character in the Chinese negotiation system.The academic community has three views on the character of consulting.The first view is that the act is a civil act of a private law character.The second view is that the act is an administrative act of a public law character.The third view is that the German "second-order theory" can be used to explain the negotiation behavior.This view holds that the negotiation are two stages.The decision-making stage is an administrative act of public law character.The enforcement phase is a civil act of a private law character.The academic community also questioned the character of the negotiated agreement.It is divided into three viewpoints: civil contract,administrative adjudication and administrative contract.According to theory and practice,this should be the principle of mutually promoting development and integration.Our country should first clarify the attributes of the negotiation system in order to better improve the practice of the negotiation system and better solve the problems that arise in practice.Finally,this paper puts forward suggestions to improve China’s ecological environment damage compensation negotiation system.First of all,it is necessary to clarify the nature of the negotiation system.The author believes that the negotiation system should be a consultative administrative act of public character and that the negotiation agreement is an administrative contract.Only after establishing the direction of the establishment of China’s negotiation system can we improve the system in combination with the experience of China’s local pilot and overseas practice.Second,regulate the power of administrative subjects.Third,guarantee the rights of obligors for compensation.Fourth,improve the design of the effectiveness of the negotiation agreement.Fifth,increase the degree of public participation.