| Eco-environmental damage compensation consultation refers to the activities of the compensation right holder and the compensation obligor to negotiate on the restoration of the ecological environment damage,etc.Aiming to quickly realize the compensation and relief of the ecological environment damage through the non-litigation method.At present,the implementation of the consultation system in our country has been piloted in some provinces and cities for two years.The system specifically clarifies the main body,scope of application and safeguard measures of the consultation,formulates a corresponding operating framework,and encourages provinces and regions to explore freely within the framework.Has accumulated rich experience for the establishment and improvement of the later consultation system.Under the general background of rule of law,my country’s ecological environment damage compensation consultation system mainly relies on the environmental protection law.To ensure the smooth and effective operation of the ecological environment damage compensation consultation system,it must be carried out within the framework of legal governance,so ecological environment damage compensation The consultation system is an important subject worthy of in-depth study at the moment.The subject is mainly based on literature exploration and research methods and empirical analysis methods,based on the nature of consultation as a civil act,to analyze and summarize the concept of my country’s ecological environment damage compensation consultation system,system operation mode,consultation body,and consultation procedure,and to analyze my country’s environmental damage The status quo of the practice of the compensation consultation system is studied in combination with case studies to find out the problems existing in the operation of the consultation system and put forward effective solutions.The consultation system is still in the exploratory stage in my country,and there are some obstacles in its actual operation.First,the nature of the consultation system is controversial and has not yet been clearly defined.Second,there is the issue of the relationship between the consultation system and administrative penalties.The current document stipulates that the consultation system and administrative penalties can be used together,which reduces the chance of successful consultation.The inequality of the status of both parties in the third negotiation,due to the intervention of public power,has caused the obligor of compensation to bear excessive responsibility,and the assessment of the ecological environment damage facts has not been specifically stipulated,who will make the assessment,how the assessment,the assessment criteria and other issues are not detailed A comprehensive and comprehensive evaluation mechanism is the basis for equality between the two parties.Fourth,there is no system of judicial confirmation.Fifth,incomplete information disclosure often leads to the fact that the public cannot truthfully understand the relevant information.The lack of supervision over the implementation of the negotiation agreement will lead to problems such as the indemnity obligor’s failure to perform their duties or even non-implementation,which severely restricts the consultation system from further forming ecological environment relief.Effective.These main contradictions seriously affect the application of the ecological environment damage compensation system.In view of the above-mentioned problems,the nature of the consultation system should be clarified first,and the consultation system should be defined as a civil act,which will fit the original intention of the establishment of the consultation system.Second,administrative penalties should be fully considered in the negotiation process,and the amount of administrative penalties should be converted to the amount of compensation for ecological environmental damage;in addition,the evaluation mechanism should be improved,third-party evaluation agencies should be introduced,and the principle of equality in entities and procedures should be deepened.Furthermore,in the judicial confirmation procedure of the negotiation agreement,the formal review and the substantive review are separately conducted by professionals.Finally,information disclosure was fully implemented,and the official website of the Ministry of Ecology and Environment updated inquiries and case consultations in a timely manner,accepted applications for information disclosure in a timely manner,and allowed the public to participate extensively in supervision and consultation.In response to a series of issues in the consultation system,we also put forward effective suggestions and strive to form a multiple dispute settlement mechanism based on standardized consultation relief,non-litigation relief as the mainstay,and judicial relief as the supplement,for the establishment of my country’s future ecological and environmental damage compensation consultation system make a contribution. |
