| Ecological environment damage compensation negotiation is a new system that has been continuously explored and developed in my country in recent years.Since the implementation of the "Reform Plan",the consultation mechanism has become an important means of realizing ecological environment damage compensation relief in practice.The consultation mechanism meets the requirements of building a diversified settlement mechanism for environmental disputes,and has the advantages of flexible law enforcement and economical efficiency.However,there are still many problems to be solved in my country’s current environmental damage consultation mechanism,which seriously restricts the development of my country’s environmental damage compensation system.Starting from the concept,theoretical basis and nature of negotiation,the article argues that based on the theory of public trust and negotiation administration,the negotiation of ecological environment damage compensation should be defined as a negotiation administrative act.my country currently chooses this consultation mechanism because it has the characteristics of procedural,flexible law enforcement,efficient and fast,and can efficiently and quickly solve the compensation and restoration of the damaged ecological environment.Through the analysis and summary of the legislative status and practical application of the consultation mechanism,it is believed that the current consultation mechanism in my country has insufficient legal basis,limited scope of consultation subjects,weak supervision of the identification assessment mechanism,inflexible connection mechanism between consultation and judicial proceedings.The supervision mechanism is not perfect.In response to the existing problems,special legislation on the compensation system for ecological and environmental damage should be promoted meanwhile covering public and private law,substantive law and procedural law;the scope of the negotiating subject mechanism should be appropriately expanded,the compensation capacity should be improved,and the common interests of multiple subjects should be guaranteed to participate in consultation;improve the damage compensation identification assessment mechanism,explore the simple evaluation and joint commission system,and strengthen the management of the identification assessment mechanism;clarify the relationship between the consultation mechanism and the judicial confirmation system and environmental public interest litigation,and smooth the connection between the consultation mechanism and the judicial mechanism to achieve the dual effect of the "dual-track" operation of administrative means and judicial means;strengthen the supervision mechanism of the whole process of consultation,including the consultation initiation stage,the supervision and evaluation stage,the actual consultation stage and the follow-up compensation fund operation stage,to ensure the fairness and impartiality of the whole consultation stage. |
