| Ecological environment is closely related to human production and life,and environmental management has become an urgent global problem.China’s ecological civilization construction has been elevated to a national strategic decision-making and incorporated into the Constitution for the first time,indicating that more and more attention has been paid to the protection of the ecological environment at the national level.Under the background of the actual problem influence of the lack of environmental system and the development of ecological civilization construction,the consultation system of ecological damage compensation,an innovative initiative in the field of environmental protection norms,has emerged.As a new environmental governance system innovation with traditional environmental administrative methods and modern democratic and equal consultation administrative concepts,the consultation system,which shows the integration of the characteristics of public right exercise and the connotation of private law autonomy,is another effective relief way for ecological damage in addition to direct litigation,which is conducive to better realizing the goal of damages and ecological restoration.The application of China’s ecological damages consultation system in the field of environmental law belongs to the system innovation from scratch,which is still in its infancy.Although in a short period of 5 years time has achieved a certain theoretical and practical results,has handled hundreds of related cases,and formed a number of influential successful consultation typical cases,and through continuous reform can be seen that the success rate of consultation has been increasing year by year,but in its specific theoretical development and judicial practice process has also exposed more legal issues,it is urgent to continue to explore and study,and further improve the construction of the consultation system.In this paper,taking the consultation system as the object,the legal research on perfecting the construction of consultation system for compensation for ecological damage in China is discussed in depth.The main content of the article is divided into the following four parts:The first part summarizes the basic theory of the compensation consultation system,briefly introduces the consultation system,and clarifies its legal nature.The second part,in view of the current situation summary of the practice of the pilot provinces and cities innovation exploration and existing problems,to consult the system in practice,mainly to explore the scope of application of the main body,including the scope of application of the subject,the positioning of compensation rights holders and the function and security of third parties;The third part,combing the United States natural resources damage compensation system,Japan’s environmental pollution dispute administrative treatment mechanism,the European Union’s environmental responsibility directive these systems of the bright spots and limitations,and China’s ecological environment damages consultation system to compare.The fourth part,put forward to build a diversified subject of consultation,clear consultation agreement of the civil attributes,concrete agreement content and strengthen its effectiveness and protection,clarify the conditions for consultation into litigation and prosecution subject permanence design and other specific legal proposals,with a view to improving the ecological damages consultation system to provide some ideas for the subsequent introduction of special laws to lay a good foundation. |
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