Research On The Consultation System Of Compensation For Ecological Environmental Damages

Ecology is always flourishing and civilization is always booming.With the evolution and development of emerging environmental concepts such as " ecological construction" " environmental state",the consultation system of compensation for ecological environmental damages has entered the public vision.Different from the rigid order regulation in traditional administrative regulation,compensation consultation uses a more negotiation method to solve ecological and environmental disputes,which helps to improve the efficiency of environmental damage repair.However,there are also some problems.The consultation system takes the administrative agency as the main body,the equal consultation as the means and the protection of environmental public welfare as the purpose.The multiple behaviors make it present the multiple attributes of civil and administration,which obscures its fundamental nature.The confusion of the legal nature makes the specific system construction avoid the most important issues,and there is no unified recognition in various regions,which leads to the system defects of inaccurate positioning of each subject in the process of consultation.The definition of the nature of compensation consultation has always been the focus of current academic research and our most concerned issue,but it has not formed a systematic analysis,mostly scattered evaluation and the civil nature is the main argument.This paper starts with the theory of disputes,clarifies the reasons for the arguments of all parties,and then makes a qualitative analysis of the legal nature.As the most suitable shoes to lead everyone out of the dilemma of environmental regulation failure,this article forms a theoretical explanation in line with the consultation administration.The concept,the nature and the normative structure is the main contents of this paper.The first focuses on the specific content of the consultation system,starting with the theoretical and practical sides.First of all,to understand its theoretical connotation.This paper clarifies the concepts of "ecological environment damage","damage compensation" and "consultation",and combs the evolution of the system from initial establishment,the supplements of local programme and practices,to sort out the system from the main body of the negotiation,the behavior of the negotiation,and the negotiation agreement.Secondly,it focuses on the legal breakthrough of consultation system and analyzes the reasons.In response to the procedural changes in the "Pilot Plan" from the "Parallel Negotiation and Litigation" free choice model to the "Reform Plan" stipulated in the "Consultation in the front and the justice behind",the pre-consultation model,this paper clarifies the reasons from there aspects of value orientation,theoretical reasons and practical reasons.In addition,it focuses on the practical development of the consultation system,comparing the specific application in typical cases.The paper clarifies the deviations and problems from the system design to the specific implementation,and leading to a brief thinking of the adverse consequences caused by the unclear nature in the system and practice,and then introduces the discussion of the legal attribute of the consultation system.If words and deeds are uniform,definition is the first.In the second part,it focuses on the clear definition of the legal attribute,which lays a good theoretical foundation for the implementation.First,to clarify the disputes.By studying the main opinions of scholars,they are divided into three categories:civil behavior theory,administrative behavior theory,and mixed behavior theory,to clarify the reasons,advantages and disadvantages.Secondly,to characterize the nature of the law.This paper mainly supports the theory of consultative administration,which defines the consultation behavior as consultative administrative law enforcement and the consultation agreement as administrative agreement.This paper analyzes its theoretical basis,and straightens out the the purpose of maintaining environmental public welfare from the aspects of subject status,behavior attribute and legal responsibility.Then,putting forward theoretical support from negotiation administration,to analyze the comprehensive characteristics of the traditional civil and administrative dual legal relationship of compensation consultation,it analyzes the concept of consultative administration,and clarifies its important position as thecore concept of compensation consultation from two aspects of negotiation and control.The construction of institutional norms is the starting point and the foothold of theoretical research.The third part is to undertake the above analysis and definition of the nature and further improve its system framework.In terms of consultation subjects,it is necessary to clarify the scope of rights subjects,refine the principles of responsibility and ensure public participation.In terms of the content,we need to plan the specific content and enrich the ways of assuming responsibility.In terms of consultation procedures,we should explore simplified procedures,increase hearing procedures and innovate the evaluation mode of joint commission.In terms of the confirmation and implementation of the consultation agreement,it is necessary to clarify the applicable procedure of judicial confirmation,to improve a consultation supervision mechanism and post-assessment procedure.In the connection of consultation and litigation,we need to unblock the path of responsibility,determine the transfer procedure between consultation and damages litigation,and further improve the connection between consultation and public interest litigation mechanism.Detailed research is carried out on the main body,the content,the consultation procedure,the consultation agreement,and the connection with the litigation,combined with the latest cases and local pilots,to seek the best path.