Research On The Legal System Of Consultation On Compensation For Ecological Environment Damage

Nowadays,the cost of environmental litigation system in China is high,which is not conducive to the timely compensation and repair of the damaged ecological environment.Therefore,the consultation system of compensation for ecological environment damage arises at the historic moment.The consultation system of compensation for ecological environment damage can make up for the defects of complex procedure,long time and high cost of litigation system,and can repair the ecological environment more efficiently,but there are still contradictions and disputes between theory and practice.This paper first expounds the basic concept and legal nature of the consultation system of ecological environment damage compensation.The author thinks that from the perspective of law and economics,the consultation of ecological environment damage compensation is that the government(or social organization or procuratorate)as the right holder of damage compensation and the compensation obligor of social cost(ecological environment)repeatedly discuss the ecological environment restoration or compensation Cheng Zheng and the process of game relationship.The author thinks that the environment is a kind of public resource,the environmental right is enjoyed by all citizens,and the legal nature of the negotiation of compensation for ecological environment damage should be a special civil act with the nature of public law.Then the author uses the method of cost-benefit analysis and game analysis to make a comparative analysis from the perspective of law and economics,and evaluates whether the negotiation of ecological damage compensation can achieve the "maximum benefit" of legal and economic analysis from the perspective of value.The third chapter summarizes the current situation of legislation and practice of consultation on compensation for ecological environment damage.It can be seen that the consultation system is gradually refined,but the legal effect and content of the system are not perfect.From the perspective of legal effect,the system has no unified legal provisions,the form of legal provisions is single,and the legal effect is weak.From the specific content of the system,the subject of compensation is not clear enough,and the scope of eco-environmental damage compensation is difficult to determine in the negotiation;the provisions of negotiation procedures are not unified,and the application links need to be expanded;the supporting mechanism of negotiation is also not perfect,such as the order and convergence of eco-environmental damage compensation litigation and public interest litigation is not perfect,and the judicial confirmation of negotiation is lack of special legal regulations Certainly,the supervision mechanism of consultation is not perfect.The author thinks that it is necessary to improve the system from the content and supporting measures of the consultation system of ecological environment damage compensation.In terms of the content of the system,we need to expand and clarify the main body of the consultation,accurately calculate the ecological environment damage,and refine the procedures of the consultation system.In terms of supporting measures,we need to improve the order and connection system of ecological environment damage compensation litigation and civil public interest litigation,improve the judicial confirmation system of consultation,strengthen the supervision of consultation,and investigate the legal responsibility of illegal negotiation subjects.