The Research On Consultation System On Compensation For Ecological And Environmental Damage

The consultation system for compensation for ecological and environmental damage integrates equal consultation and judicial protection for administrative bodies’ claims,in solving the problem of ecological environmental damage claim,the paper gives full play to the function and value of improving the efficiency of ecological environmental governance,improving the efficiency of relief and realizing the balance of interests.At present,China has preliminarily established a feasible consultation system of compensation for ecological environment damage with clear liability and standard procedure.The proportion of disputes over compensation for ecological and environmental damage settled through consultation is increasing year by year,Consultation procedures are being improved day by day,and departments are cooperating closely with each other.Based on the carding of the normative documents formulated by the central and local governments and the empirical analysis of China’s ecological environmental damage compensation consultation cases,the present predicament of the consultation system of compensation for ecological environment damage in China is mainly shown as follows:consultation entity and procedure rules are not perfect,judicial confirmation procedure is not perfect,damage compensation management is not standardized,consultation agreement performance is not guaranteed.Reasonably draw on the experience of the United States,the European Union,Japan and other developed countries or regions,improving the consultation system of compensation for ecological environment damage should include:perfect the substantive rules and procedural rules of consultation,improve judicial confirmation procedures,Administration of compensation for damages to ecological environment,Ensure the performance of the consultation agreement,so as to give full play to the system value and practical function of consultation system to govern and repair ecological environment and protect ecological environment security.