Research On The Consultation System Of 1ecological Environmental Damage 1compensation From The Perspective Of 1consultative Administration

Economic development is inevitably accompanied by environmental pollution.The consultation system for compensation for ecological and environmental damage has emerged in due course in China’s modernization of environmental governance.The consultation system has been controversial since its implementation,which has aroused great concern among environmental jurists.The legal nature of the consultation system is questionable.The improvement of the consultation system is related to the achievement of the goal of preventing damage from expanding and repairing the ecological environment.From a non litigation perspective,it is also conducive to saving judicial resources and improving the efficiency of environmental governance in China.This paper uses the literature analysis method to clarify the legal nature of consultation and define it as a consultative administrative act from the perspective of the basic elements of the consultation system,the source of the right to claim,and the purpose.The negotiation agreement conforms to the constituent elements of the administrative contract and should be an administrative contract;Use the normative analysis method and case analysis method to retrieve relevant norms and practice cases,and analyze the negotiation norms and negotiation cases at different levels.There are problems with the low degree of legalization and different norms in the negotiation norms.The design and implementation guarantee of the negotiation procedure need to be improved.In view of the above problems,this paper,from the perspective of consultative administration,can improve the consultative system within the framework of consultative administration by the following ways: promoting the legalization of the consultative system;Clarify the scope of compensation obligee,expand the scope of compensation obligor,include the subject of indirect liability,improve the way of third party participation,and clarify the effectiveness of third party participation;Expand the scope of application of the consultation system,get rid of the restrictions of "seriousness" and "ex post facto",and formulate applicable standards that are broader than criminal judicial interpretation;It is an appropriate time to start the consultation to find out the facts of the damage and determine the obligation of compensation.The number of consultations shall not be more than three times,and the time limit of the consultation shall be specified to increase the objective situation that the consultation will not become the end of the consultation;Based on the negotiation of administrative and administrative contracts,and taking into account the repair efficiency,it is suggested that the implementation of the negotiation agreement should be guaranteed by the way of performing and applying for enforcement;Strengthen the supervision of the exercise of power by the compensation obligee,supervise the whole process of consultation,and improve the consultation information disclosure system;The connection between consultation and environmental civil public interest litigation is based on the notification system of the United States.If the subject of environmental public interest litigation fails to notify the compensation obligee before the consultation,no litigation shall be filed.If the environmental public interest litigation is filed after the consultation starts,the court will no longer accept it.The relationship between consultation and criminal procedure should establish a mechanism of "compensation before punishment".The above improvement measures are based on the consultative administration,implement the principle of "responsibility for damage",and achieve the purpose of environmental relief.