Research On The Negotiation System Of Compensation For Damage To The Ecological Environment From The Perspective Of Consultative Administration

Ecological damage is one of the side effects of China’s economic development.Several kinds of pollution has exerted negative effects on the quality of life and even the health of citizens,so the state has paid attention to and introduced a series of measures to regulate the disorderly discharge of enterprises.The negotiation on the damage to the ecological environment claim is an original system based on China’s national conditions and with reference to existing systems in other countries,which is intended to exercise administrative power flexibly and improve the efficiency of ecological restoration.However,from a practical point of view,due to the unclear nature of the system and the different rules in different places,the advantages of the negotiation system have not been brought into play to the ideal state.This paper therefore examines the issue of the claim negotiation on the damage to the ecological environment and is divided into five chapters: Chapter 1 is an introduction,which introduces the issue and discusses the significance of studying it.The second chapter summarises the similarities and differences between the central and provincial and municipal negotiation measures in terms of the subjects involved,negotiation procedures,the content of compensation agreements and the interface with litigation procedures,and analyses the problems that exist.A typical case of negotiation on compensation for ecological and environmental damage is selected,and the details of the negotiation process and the guiding significance of the cases are analysed.Chapter3 examines the problems that exist in the negotiation system in practice,including the confusion of the regulations on the main participants,the lack of channels for public participation,the inadequacy of safeguards for the implementation of agreements and the unclear interface with litigation procedures,based on the above summary of negotiation management methods and typical cases.Chapter 4 analyses the basis of the government’s claims and the various doctrines on the legal nature of the claim negotiation on the damage to the ecological environment,and discusses the administrative nature of the doctrine of the public right of ownership of natural resources as the basis for claims,and analyses the advantages of adopting this doctrine in promoting the protection of the ecological environment.Chapter 5provides a rational institutional conception of the negotiation system based on the administrative nature of the claim based on the public right of ownership of natural resources.