Research On My Country's Ecological Environment Damage Compensation Consultation System

The quality of ecological environment is related to people’s well-being,social harmony and stability,and the future and destiny of the country.With the continuous development of social economy,extensive mode of economic development is promoting economic development.Meanwhile,disputes over compensation for damages caused by ecological environment pollution and ecological destruction occur from time to time,bringing a lot of troubles to the country,society and the public.In2015,the general office of the CPC central committee and the general office of the state council(hereinafter referred to as the “two offices”)issued the pilot plan for the reform of the compensation system for ecological environment damage(hereinafter referred to as the “pilot plan”),which initiated consultations on compensation for ecological environment damage.The plan for the reform of the compensation system for ecological and environmental damage(hereinafter referred to as the reform plan),which was reissued by the two offices in 2017,requires that from January 1,2018,pilot consultations on compensation for ecological and environmental damage should be conducted nationwide.In 2019,the supreme people’s court issued several provisions on hearing cases of compensation for ecological and environmental damage(trial)(hereinafter referred to as “certain provisions”),which explicitly takes the consultation procedure as the prepositional procedure for litigation of compensation for ecological and environmental damage.The proposal of the above-mentioned series of policies,plans and regulations,giving some volatility on the ecological environment protection areas,as well as ecological environmental damage compensation dispute settlement provided according to the policy,laws and regulations,but also effectively led to the ecological and environmental damage compensation system of consultation,to some extent compensate for the environmental tort system and environmental public interest litigation system in protecting the ecological environment system,is not only beneficial to solve the "enterprise pollution,the victims,the government pay",is more advantageous torepair the damaged ecological environment,protect the ecological environment and environmental rights and interests of the people,It is of great significance to build a relatively perfect ecological environment damage compensation system in the whole country in 2020.This study to the “pilot program”and the implementation of the reform as an opportunity,to ecological environmental damage compensation system of consultation as a starting point,combined with the practical situation of pilot areas in China,analyzes the present situation and problems of ecological environment damage compensation consultation system,at the same time,by reference to the United States and Japan more successful practice and experience,from the subject,procedure,the judicial confirmation and supervision mechanism,proposed consummates our country ecological environment system of damage compensation consultation countermeasures.