Study On The Procedure Of Ecological And Environmental Damage Compensation Negotiation

In the process of our rapid social development,the ecological environment has been benefiting mankind with its unique economic value.However,the wrong path of "sacrificing the environment for economic benefits" has overwhelmed the home we depend on for survival.As we all know,the restoration of ecological environment is time-consuming and labor-intensive,and the traditional means of environmental management often fall into the predicament of "enterprises pollute,people suffer,and the government pays".The proposed consultation system of compensation for ecological damage provides an institutional path to realize the coordinated development of social,economic and ecological benefits,and has certain practical significance for China’s environmental restoration and ecological protection.Unfortunately,although the consultation on compensation for ecological damage in China has taken a big step forward in practice,the problem of unclear nature of the consultation system is still prominent in theory,which will affect the design of the consultation procedure,thus restricting the effective implementation of the consultation system and further affecting the realization of the value of consultation.In order to strengthen the theoretical foundation of the consultation process,the "meta-problem" of the nature of the consultation system should be solved first.From the perspective of the double-order theory,we should discuss the properties of the different stages of consultation and compensation agreement from the viewpoint of the threshold,in order to eliminate the existing theoretical controversies,avoid the "absence" or "overstepping" of public power,and truly reflect the original purpose of establishing the consultation system in China.The original intent and intention of the consultation system for compensation for ecological and environmental damages in China can be successfully carried out in practice and developed continuously.At the institutional level,the provisions of relevant normative documents on consultation procedures are also limited to some principle clauses,and do not specifically construct complete procedural rules for ecological and environmental damage compensation.The analysis of typical cases published by the Ministry of Ecology and Environment shows that there are many imperfections in the application of consultation procedures in China,such as: unclear definition of the consultation time for ecological and environmental damage compensation,insufficient public participation,irregular judicial confirmation and poor connection between consultation and litigation.In order to effectively solve the many dilemmas in the application of consultation procedures in practice,systematically amend the unreasonable and unfeasible provisions of the existing consultation procedures,improve the consultation mechanism of ecological and environmental damage compensation,accurately grasp the timing of consultation,strengthen public participation in consultation,ensure the standardization of judicial confirmation,and smooth the connection between consultation and litigation,based on the summary of the existing consultation system,so as to improve the efficiency of ecological and environmental restoration and achieve the goal of ecological and environmental protection.The aim is to improve the efficiency of ecological environment restoration and achieve the goal of ecological environment protection.