On The Perfection Of China’s Ecological Environment Damage Compensation Consultation Mechanism

The eco-environmental damage compensation system is that the government,as the right holder of compensation,proactively pursues the eco-environmental damage compensation liability of the polluting enterprise or individual,and uses the eco-environmental damage compensation consultation system as a pre-procedure,thereby promoting the eco-environmental damage The ecological environment damage relief mechanism for problem solving.The consultation system for compensation of ecological environment damage refers to the work of the government and its departments as compensation right holders to take the initiative to work with polluting enterprises or individuals,that is,the obligors of compensation,on damage investigation,appraisal and assessment,and repair plans in ecological environment damage cases after the occurrence of ecological environment damage Negotiate with a view to reaching a consensus agreement and a relief mechanism to effectively fill the damaged ecological environment.As a manifestation of institutional innovation in the field of ecological environment in China,the negotiation system for compensation for ecological damage is different from the civil legal acts in the field of traditional civil law.The purpose of public welfare and the negotiation of means determine the government as the right holder of compensation The dominance in the system also reflects the trend of the transformation of traditional administrative management behavior in the field of ecological environment into public governance.At present,the provisions of the participating parties,procedures and related safeguard measures in the operation of the consultation system for compensation of ecological environmental damage in China and their operation conditions directly affect the restoration effect of the damaged ecological environment.In 2015,the "Eco-environmental Damage Compensation System Reform Pilot Program" determined to explore the ecological environment damage compensation system in seven pilot locations.The eco-environmental damage compensation system was piloted nationwide in 2018.The practice and exploration of the compensation consultation system in various provinces,municipalities,and autonomous regions have shown different patterns.Various localities have carried out different system designs in light of their own characteristics,and eventually led to various localities.The degree of agreement between the operation of the consultation system and the current legalsystem also results in different social effects of the consultation system.At present,there are a series of applicable dilemmas in the compensation schemes and special consultation methods in various places in China,which are mainly manifested in the disputes in the scope of the consultation subject in the consultation system,the determination criteria for the validity of the consultation agreement are not uniform,the consultation procedures are more general,and the operation of the consultation system The lack of effective supervision,and the necessity of consolidating the consultation system and litigation need to be improved.These institutional shortcomings are not only contrary to the current normative system,but also not conducive to the application of the ecological environment damage compensation mechanism nationwide.In this regard,based on the definition of the legal nature of the ecological environment damage compensation system,it is necessary to explore the entities and procedures of the consultation system and the improvement of the related safeguards supporting the consultation system around the above issues.The establishment of the ecological environment damage compensation system provides a new path for the administrative organs to exercise the ecological environment supervision power and maintain the public interest of the ecological environment.Therefore,it is necessary to grasp the legal nature of the "negotiation administration" of the consultation system and accurately understand the negotiation agreement as an "administrative contract" From the perspective of consultation administration,recognize the essential characteristics of the consultation system in relief methods.At the same time,we should summarize the normative texts and practical cases related to the negotiation of ecological environmental damage compensation in various regions,explore the perfect way of China’s ecological environmental damage compensation consultation system,and take the basic principles of lawfulness,equality,voluntariness,efficiency,and public participation as the basis On the one hand,the specific scope of the main body of the consultation and the specific content of the negotiation agreement are clarified on the entity of the consultation system.On the other hand,the start and announcement procedures of the consultation system are detailed,and the number of consultations and termination are restricted.At the same time,certain restrictions should be imposed on the right of compensation to the right holders during consultations,and the evaluation,evaluation and enforcement mechanisms of the consultation system should be improved,the conflict between the consultation system and other litigation systems should be coordinated,and the public ’s ecological environmental rights should be ensured in the consultation system.It is free from infringement in order to ensure effective relief and filling of the damaged ecological environment.