Study On The Consultation System Of Compensation For Ecological Environment Damage

With the rapid development of the economy,ecological problems are becoming increasingly apparent.This is because,generally speaking,it is difficult to identify the polluting enterprises that are responsible for ecological damage,and the scope of ecological damage is not small,so when the ecological environment is not repaired in a timely manner and ecological damage is not compensated in a timely manner,the government is generally responsible for repairing the damage,which leads to the formation of "enterprise pollution,ecological damage This has led to the real-life dilemma of "enterprises pollute,ecology is damaged and the government pays for it".The consultation system for compensation for ecological damage,as a new system,can effectively address this dilemma.Although the consultation system for ecological damage compensation has indeed contributed to the restoration of the ecological environment,there are still many imperfections in the system.Before conducting an empirical study of the system,it is necessary to clarify the theoretical aspects of the consultation system for compensation for ecological damage,to clarify the concept of the consultation system for compensation for ecological damage,and to analyse and define the legal nature of the consultation system on this basis.The consultation system for compensation for ecological and environmental damage reflects the value of equal legal status of the two parties,autonomy of the content of the consultation,and enhancement of restoration benefits,but it cannot be ignored that there are still many problems with this system,such as the small scope of the subjects of consultation,the inefficiency of consultation,the general provisions of the judicial confirmation system of consultation agreements,and the lack of clarity in the interface between consultation and litigation.In response to these problems,it is necessary to conduct an extra-territorial investigation of the consultation system for compensation for ecological and environmental damage.By studying the relevant systems in countries and regions where the system for compensation for ecological and environmental damage is relatively well developed,such as the United States,Japan and the European Union,the natural environmental damage compensation system from the United States,the public hazard adjustment committee system from Japan and the voluntary environmental agreement system from the European Union are examined by using comparative analysis.The US and EU systems of environmental damage compensation are examined using comparative analysis.The socialisation of liability for ecological damage in the US and the EU may inspire us to expand the scope of the duty-bearers in the consultation.The Japanese administrative bodies that deal with public hazard disputes can also inspire China to include the ecological and environmental sector as a subject of compensation rights in the consultation.In view of this,the following improvements can be considered in the consultation system for compensation for ecological and environmental damage in China:expanding the scope of subjects for consultation,explicitly including third-party intervention in consultation,advancing the time of consultation initiation,refining the relevant provisions for judicial confirmation and strengthening the supervision of the consultation system.