The Improvement Of The Negotiation System Of Compensation For Eco-Environmental Damage In China

The negotiation system of compensation for ecological environment damage(referred to as "ecological negotiation")was created from top to bottom in China and mainly to solve the problem of ecological environment damage that people are increasingly concerned about.Compared with litigation,ecological negotiation is more efficient,timely,professional and convenient in the relief of ecological environment damage.This thesis is a case study of ecological negotiation.Through three typical ecological environmental damage cases such as Dayingtian case,which is caused by illegal dumping of waste residue in Guizhou Province,the author summarized the legal problems presented in these cases and carried out jurisprudence analysis,then put forward suggestions to improve the ecological negotiation system.This thesis is divided into four parts,the contents are as follows:Part Ⅰ: Introduction.Firstly,the author introduces the background of the practice of ecological negotiation,i.e the modern legal construction of ecological civilization.The beneficial exploration of the practice has been absorbed by the Civil Code.Secondly,the author clarifies the significance of the research and the research status at home and abroad.Last but not least,the research methods,innovations and shortcomings of the thesis are outlined.Part Ⅱ: Case analysis.Firstly,the author briefly introduces three typical ecological environmental damage cases such as Dayingtian case,which is caused by illegal dumping of waste residue in Guizhou Province.Secondly,four prominent legal issues related to the cases are summarized: 1.the necessity and legal basis of third-party mediation organization of ecological negotiation;2.How to determine the content of ecological negotiation;3.How to guarantee the effectiveness of ecological negotiation agreement;4.How to connect ecological negotiation with environmental litigation of civil public interest.Part Ⅲ: Jurisprudential analysis.This chapter focuses on the legal issues summarized in the first chapter.The first section focuses on the legal concepts and attributes of ecological negotiation.Based on the analysis and reflection on the public law attribute of ecological negotiation and the interpretive theory of two-order administrative structure,the author insists that ecological negotiation should belong to the civil law from the interpretive theory under the Civil Code.In the second section,first the author analyze the necessity of the third-party mediation organization of ecological negotiation from three aspects: substantive equality,public welfare and judicial confirmation.Secondly,the author compares and analyzes the main differences between the third-party mediation organization of ecological negotiation and the people’s mediation committee from three aspects: legal basis,subject composition and mediation characteristics.The author holds that the third-party mediation organization of ecological negotiation is necessary,but its legal basis is not sufficient.In the third section,based on analyzing and determining the content of ecological negotiation,the specific classification of negotiation content is analyzed.In the fourth section,first of all,the author analyzes three ways to ensure the effectiveness of ecological negotiation agreement in practice.The author finds that there are problems to guarantee the effectiveness of ecological negotiation agreement by judicial confirmation and contract.The author believes that on the one hand,it is necessary to rule out relying on the effectiveness of contracts to guarantee the effectiveness of ecological negotiation agreements;On the other hand,it is necessary to improve the relevant legislation to guarantee the effectiveness of ecological negotiation agreements.In the fifth section,the author first briefly expounds the connection between ecological negotiation and environmental civil public interest litigation.And then analyzes the identity between ecological negotiation and environmental civil public interest litigation,the author demonstrates that ecological negotiation should take precedence over environmental public interest litigation,and points out that the subject of right in these two systems could intersect and supervise each other.Part Ⅳ: Suggestions.According to the jurisprudential analysis and conclusion of the case-related problems,this thesis puts forward some concrete suggestions on perfecting the negotiation system of compensation for ecological environment damage.