Research On Compensation Consultation System For Ecological Environmental Damage

In recent years,the ecological degradation caused by human social activities and the environmental effects derived therefrom have led to the changes of environmental structure and functions,which have a very negative impact on the development of human beings and the environment itself.Both the 19 th CPC National Congress and the fifth Plenary Session of the 18 th CPC Central Committee emphasized the need to strengthen ecological and environmental protection,build a beautiful China,and improve the relationship between man and nature.This also prompted The State Council to promulgation of the "Ecological And Environmental Damage Compensation System Reform Plan"(hereinafter referred to as the "Reform Plan"),the ecological and environmental damage compensation consultation system emerged as The Times required,which is also the most innovative reform highlight in the "Reform Plan".In order to find the legal basis of the compensation consultation system for ecological environmental damage,the concept,content,characteristics and legal attributes of the compensation consultation system for ecological environmental damage are firstly sorted out.The compensation negotiation system for ecological environment damage means that after the compensation holder suffers adverse impacts on the ecological environment,he takes the initiative to discuss with the compensation obligor for many times in order to restore the ecological environment,and finally reaches an agreement and forms a system that is favorable to him.Then it introduces the content of the compensation system of ecological environment damage from the two elements of subject and object of negotiation.Three characteristics of the system are summarized,namely,the dominant right holder of compensation,the economy of negotiation cost and the high efficiency of ecological environment restoration.And from the three mainstream views at present,differentiate and analyze the legal attribute of the consultation system.To further study the implementation of the ecological environment damage compensation consultation system in China,the paper second part elaborated the our country the status quo of ecological environmental damage compensation system of consultation and the insufficiency,including the theoretical level,the national policy consultation system of law and judicial interpretations,local consultation system of normative documents provisions shall be applicable to the level of specific case in judicial practice and,through case caused by thinking,explore our country ecological environment compensation consultation system defects.China’s exploration of the consultative system is still in the primary stage,theoretical research has not been in-depth,and there are still many obstacles to the implementation of the consultative system.For example,there are some defects in the initiation procedure of the consultation,the appraisal and evaluation procedure of compensation for ecological environmental damage,the connection between the consultation and environmental civil public interest litigation,the application of the consultation system and administrative penalty,the judicial confirmation function of the compensation agreement,and the participation of the society in the consultation.The third part of the paper is a reference to the experience outside China.Although there are no systematic regulations on the consultation system of compensation for ecological environmental damage in foreign countries,it can provide ideas for the construction of China’s consultation system by referring to the similar system system of the United States,Japan and other countries.The last part is consummates our country ecological environment damage compensation consultation system was put forward,and optimize the initiator of the consultation and improve the ecological environment damage appraisal system,establish a consultation mechanism linking to the environmental civil public interest litigation,coordinating consultations and the application of the administrative punishment,refined,judicial qualification system,establishing the comprehensive consultation supervision mechanism and so on six aspects,extracting operable Suggestions.China’s ecological environment damage compensation consultation system is a flexible and efficient way to repair the ecological environment.The implementation of this system can realize the unity of benefit and efficiency,save time and litigation resources.China’s compensation system for ecological and environmental damage will play a vital role in the field of ecological and environmental protection.