An Empirical Analysis Of The Negotiation System For Ecological Damage Compensation

At present,the rapid development of China’s economy,the level of science and technology,people’s living standards significantly improved,but environmental problems also occur.But the good news is that the idea that the environment has a price and damage is liable is gaining ground.In the face of ecological and environmental damage,the first problem to be solved is how to repair and compensate as soon as possible.If only through litigation,it is difficult to ensure that environmental cases can be solved as soon as possible,the identification of the subject of responsibility,litigation time and other issues,so it is particularly difficult to repair the damaged ecology as soon as possible and effectively.Therefore,in order to improve the ecological environmental protection system and get out of the dilemma of "pollution control by enterprises,harm by the masses,and government paying the bill",the consultation system was put forward.Compared with litigation,it has the characteristics of low cost and high efficiency.As soon as it was launched in the pilot area,it was tried in a beneficial way,achieved many typical cases,realized the innovation of theory and practice,and also reduced the pressure on the judicial organs in the case of ecological and environmental damage.However,there are still drawbacks in the practice of adopting the consultation system to solve the problem of ecological environmental damage,and some scholars in the theoretical circle have different opinions on the nature of consultation and the construction of the main structure of consultation.This paper focuses on the analysis of practical cases to present the current common problems of the consultation system,and puts forward relevant thinking and suggestions.This paper consists of the following five parts:The first part is an overview of the consultation system of compensation for ecological environmental damage.First of all,after referring to the authoritative meaning expression of the national system text and the viewpoints of various scholars,this paper gives a concrete definition of the consultation system,and analyzes the basic characteristics of the system.Then,it elaborates the basic content of the system in detail,and finally analyzes the legal nature of the most controversial consultation in the academic circle,so as to lay the theoretical foundation for the rest of the paper.The second part analyzes the legitimacy of the consultation system of compensation for ecological environmental damage.This paper introduces the theoretical basis of this system and interprets its existing text scheme as a whole.Further in-depth analysis of the practical significance of the existence of the system,that is,the system should be based on the internal requirements of ecological civilization construction,but also conform to the trend of the diversification of international dispute settlement approaches,but also can stabilize the ecological order,achieve the balance of interests,accelerate the efficiency of ecological relief.The third part is the empirical analysis of the system.This paper analyzes and studies the typical cases of the practice of consultation system in different places.First of all,the current domestic consultation system practice in general introduction,the second from the negotiations success and failure case,dialectical way to analysis the reasons for the success of consultation and beneficial innovation and experience,after the failure reason multi-angle analysis of the consultation fails,the last to each case beneficial experience and the problems existed in the overall evaluation,lay the foundation for the later writing.The fourth part is in the second part of the basic theory analysis,the third part of the concrete empirical case analysis and the reality of the basis of the situation,from the procedure and entity levels of the system of the existence of the reality of the dilemma is summarized.Among them,the problems of relevant entities lie in the relatively unitary way to assume the responsibility of consultation,the fact assessment investigation of damage in the early stage of consultation and the ecological restoration assessment.The procedural problems mainly include the guarantee mechanism of consultation agreement,the connection between consultation and litigation and the imperfect supervision mechanism of consultation.The fifth part is the perfect analysis of the system.Echoing the fourth part,it builds from two aspects: program and entity.In terms of entity construction: firstly,we expanded the way of responsibility undertaking for the consultation and unified the introduction of third-party subjects,and proposed solutions to the assessment and identification involved in the early stage of the consultation as well as the evaluation and detection of ecological restoration.Procedural aspects:clarify the linkage procedure between consultation and other litigation,strengthen the consultation supervision mechanism,and refine the specific operation process of consultation.