The Research On Non-litigation Negotiation System Of Compensation For Ecological Environment Damage

Non-lawsuit negotiation on ecological environment damage compensation is a special system which is specially used to solve the compensation for ecological environment damage,also a kind of special civil reconciliation behavior targeted on the environmental public interest protection.There are three points valued attention: firstly,this system is only applicable to solve the ecological environment that is the damage to the environment itself,not including personal and property damage.Secondly,this system is only for the reconciliation of the ecological environment public interests,so it should not deviate from the purpose of the “client”.The agreement process should be subject to strict supervision,and its result should also be open to the publics.Thirdly,his system is not mandatory pre litigation procedure,the involved parties have the right to choose whether to apply or not.In addition,the non-lawsuit negotiation system of ecological environment damage compensation should be coordinated with environmental administration and environmental public interest litigation system to be the barrier for ecological environment protectionAt present,mainly the environmental public interest litigation can be carried out as the compensation for the ecological environment damage in China.Therefore,under the advocacy of the diversified dispute settlement mechanism,it is necessary to seek for the establishment of non litigation negotiation system for the ecological environment damage compensation and work together.Non-lawsuit negotiation system on ecological environment damage compensation has the advantages of low cost,high efficiency,flexible program,helpful for the enterprises to fulfill actively and flexible performance and the other advantages,which can play a unique role in the relief of ecological environment damage.In addition,the establishment of the non-lawsuit negotiation system on ecological environment damage compensation also conforms with the international trend.The specific content of the non-lawsuit negotiation system on ecological environment damage compensation includes the basic principles of consultation,the consultation subject,the allocation of rights and obligations between the subjects,the elements of the agreement and the guarantee of the agreement validity.Among which,the equality,voluntariness,legality,justice and benefit are the principles.According to the public trust theory and the law authorization,people’s government at the provincial level is entitled to claim compensation from the compensation obligor.The main body of claim and the liable person should be assigned certain rights and obligations in the negotiation.The agreement reached between the parties concerned shall include the names of the parties,the facts of the damage,the results of the appraisal and assessment,the manner or amount of compensation,and the start up time limit.In order to guarantee the validity of the agreement,the agreement shall be confirmed by the local court,and shall be enforced by the local court if any party fails to perform the agreement.In order to guarantee the effective operation of the non lawsuit negotiation system on ecological environment damage compensation,we should firstly set up the conditions for the start up of it,including : existence of behaviors that cause ecological environment damages;existence of ecological environmental damage fact;existence of clear compensation obligations;within the domain of non-lawsuit negotiation on ecological environment damage compensation;deliberative bodies expressed willingness to negotiate;Secondly,It is necessary to effectively supervise the behaviors of the non lawsuit negotiation on ecological environment damage compensation.At present,we can adopt two ways to establish the social supervision mechanism and give the procuratorial organ supervision power.Thirdly,it is necessary to stipulate the termination situation on the ecological environment damage compensation and the right to claim the compensation for the failure of the negotiation to ensure timely compensation for the damage the ecological environment can be suffered.Finally,the results of the implementation of the agreement should be checked and assessment report should be made after the ecological damage compensation to assess on the completion and effect.