Study On The Consultation System Of Ecological Damage Compensation

Since the reform and opening up,China’s economic and social construction has made great achievements,but the ecological and environmental problems brought by it have become increasingly obvious.The 18 th Party Congress put forward the general layout of "five in one",and the construction of ecological civilization has become an important part of it.In order to break the long-standing dilemma of "the government pays for enterprise pollution",the consultation system for ecological and environmental damage compensation was born.The consultation system is a relief and compensation for the ecological environment itself,which has changed the traditional single lawsuit dispute resolution model and provided a diversified way to solve the ecological damage compensation.In order to achieve the general goal of building a nationwide consultation system for ecological civilization and to realize the protection of social public interests,it is especially important to study the consultation system in depth and improve the top-level design.The paper discusses the concept and legal nature of the consultation system for ecological and environmental damage compensation,examines the background and development of the consultation system for ecological and environmental damage compensation,identifies several existing theories on the nature of consultation,and clearly proposes that the essence of the consultation system is a weak consultative administration;sorts out the current situation of the consultation system for ecological and environmental damage compensation in China,summarizes the In particular,it examines the ways of judicial confirmation of the validity of consultation agreements in various provinces and cities,and proposes to improve the judicial confirmation system by clarifying the jurisdictional court,the review period,the review method and the public disclosure procedure of consultation agreements;to improve the supervision of compensation rights holders,public participation and the information disclosure system,to form a good supervision of the consultation process and to protect the public’s This paper follows the specific measures to establish the rule of priority of ecological environmental damage compensation lawsuit over environmental public interest lawsuit to avoid the conflict of litigation procedures.