Research On Judicial Confirmation System Of Compensation Agreement On Ecological Environment Damage

The compensation system for ecological and environmental damage was put into practice in pilot provinces in 2016,which marked an important step toward in the reform of China’s ecological civilization system.After Guizhou province innovatively applied the judicial confirmation system to the compensation agreement for the first time in 2017,this system was formally written into the Reform Plan of Ecological and Environmental Damage Compensation System in 2017.With five years of development,there have been many cases in the practice of many provinces.However,due to the short development and imperfect system provisions,the judicial confirmation system of consultation agreement has produced many problems in practice.This article is divided into four parts.The first part introduces the concept,characteristics and practice status of the judicial confirmation system of compensation agreement.The second part summarizes 63 domestic cases from Chinese Referee Documents Network,and analyses these cases from the competent courts,review period,review method and other seven aspects.Then summarizes the existing problems of the judicial confirmation system of compensation agreement in China,including: firstly,the nature of compensation agreement is controversial.Secondly,the specific rules of judicial confirmation of compensation agreement are not clear.Thirdly,the remedy of the parties and outsiders in the judicial confirmation of the compensation agreement is not sound.Fourthly,it is not clear whether there is res judicata in the compensation agreement.The third part defines the legal nature of the judicial confirmation procedure of the compensation agreement.It is clear that it has the characteristics of non-litigation,and it pointed out that the construction of the judicial confirmation system of the compensation agreement needs to introduce the legal theory of litigation and cross-apply the dual separation of application theory.The fourth part is to improve the judicial confirmation system of compensation agreement.These measures include: setting up special rules such as confirming the jurisdiction of the court,clarifying the review criteria,delimiting review rules and so on;establishing the system guarantee of judicial confirmation of compensation agreement,including the parties and outsiders’ relief mechanism,supervision mechanism and responsibility assigning mechanism of the compensation agreement;constructing the connection mechanism with administrative responsibility,criminal responsibility and civil public interest litigation.