| The ecological environment uses its special economic value and ecological value to benefit mankind,but its fragility and the characteristics of being difficult to restore to its original appearance after being destroyed also need to be valued by mankind.Only when the ecological environment is damaged in a timely manner can be restored in a timely manner,and the active man-made method and the natural restoration capacity of the ecological environment can be combined to achieve the ideal state of restoration.In order to improve the efficiency of restoration of my country’s ecological environment damage and accelerate the construction of my country ’ s ecological civilization,the General Office of the Central Committee of the Communist Party of China and the General Office of the State Council jointly issued the "Eco-environmental Damage Compensation System Reform Pilot Program" in 2015,and for the first time proposed the establishment of ecological environmental damage compensation in my country Consultation system.The ecological environment damage compensation consultation system means that after the ecological environment damage occurs,the compensation right holder and the liable person conduct equal dialogue and negotiation on the facts of the damage,compensation liability,compensation plan,etc.,and sign a damage compensation agreement after the two parties reach an agreement.Judicial confirmation will prompt the person liable for compensation to perform the compensation responsibility in a timely manner and improve the efficiency of repairing environmental damage.The environmental damages compensation consultation system aims to resolve the embarrassing situation of the lack of environmental repairers and the final payment of the government due to the single environmental relief method caused by the current ecological environment damage compensation consultation system.At the same time,the negotiation agreement is reached under equal communication and consultation between the interested parties,and is the result of mutual agreement.This process can effectively avoid the loss of economic benefits caused by complicated litigation procedures and long cycles,thereby prompting companies to actively perform environmental restoration responsibilities and improve theefficiency of environmental restoration.At the same time,it is also in line with the diversified trend of solving legal disputes in our country.To govern the country by law,system first The reform of my country’s ecological environment damage compensation consultation system started relatively late and is still in the stage of experimentation and promotion.Regarding the legislative system,the legal provisions on the negotiation of compensation for damage to the ecological environment are still blank.Academia has a great controversy over the theoretical basis of compensation for ecological and environmental damage and the legal nature of the consultation system.As a result,a series of problems have emerged in the practice of the consultation system,which are mainly reflected in the imperfect establishment of the main body of the consultation mechanism,the lack of guarantees for public participation,and the The damage assessment mechanism has not yet unified standards,the judicial confirmation of the negotiation agreement is not standardized,and the connection between the negotiation system and the litigation procedure is almost blank.In order to achieve the balance of ecological interests and stabilize theecological order,it is imperative to improve the consultation system for compensation of ecological environmental damages.It is recommended to improve the main body setting mechanism of compensation negotiation,expand the appropriate scope on the basis of the existing negotiation main body,and introduce a third-party guarantee mechanism;strengthen basic research on damages assessment technology,improve the damage assessment mechanism before negotiation,and ensure that the compensation negotiation procedure is based on science on the basis of justice;establish special procedural rules for judicial standardization,strengthen the standardization of judicial confirmation of consultation agreements;clarify the order of litigation,and fill the gap between the consultation system and other litigation procedures. |
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