Study On The Protection Of The Consultation System Of Ecological Environmental Damage Compensation

In order to make up for the disadvantages of long time and low efficiency in the current litigation procedure and build a remedy model of "punishment and compensation coexistence" in the non-litigation field,our country has established a consultation system of compensation for ecological environmental damage,which provides a new way to realize the quick restoration of ecological environmental damage.At present,the overall grasp at the national level and the specific application at the local level have promoted the development and improvement of the system.Especially,as the compensation consultation system has been widely used in the field of ecological environment,it has highlighted the important advantages and value of the above system as a non-litigation dispute settlement mechanism.However,the compensation consultation system was officially implemented nationwide in 2018,less than 10 years ago.It is still in the exploratory stage,and there are still many problems in theory and system.At the theoretical level,there are still differences on the nature of the compensation consultation system,the lack of a unified conclusion,it is difficult to provide solid theoretical support for the development of the compensation consultation system.At the institutional level,frame-like provisions inevitably lead to substantive and procedural defects in compensation consultation,which are prominently manifested in such aspects as chaotic provisions on compensation consultation items,unclear scope of consultation subject and participation mechanism,insufficient protection and relief methods of consultation agreement,lack of supervision mechanism and poor connection with relevant systems.In view of this,this paper makes a comprehensive and systematic study on the theoretical identification,internal structure and procedure connection of the compensation consultation system and puts forward some specific suggestions.In terms of the identification of the nature of the compensation consultation system,it re-examines the nature of the system from the new perspective of the consultation administration,and draws the conclusion that its correct attribute should be the consultation administrative law enforcement.In terms of the improvement of the internal structure of the compensation consultation system,the author puts forward some suggestions on the reasonable planning of the compensation consultation matters,the elaboration of the scope of the consultation subject and the participation mechanism,the establishment of a new agreement relief mechanism in the administrative field and the improvement of the disclosure mechanism of the compensation consultation information.In terms of procedural cohesion,the non-litigation law enforcement sequence of "consultation first,administrative punishment second" is established,and the principle of administrative jurisdiction first is taken as the basis to ensure the smooth and coordinated connection between the compensation consultation system and environmental public interest litigation.