Research On The Consultation Mechanism Of Compensation For Ecological And Environmental Damage In China

Under the guidance of general secretary Xi Jinping’s important strategic thought on ecological civilization construction,ecological civilization construction has been endowed with the needs of the new era,and various regions and departments have constantly adjusted and improved measures and intensified reform.Building perfect legal system of environmental system is the inevitable choice of the rule of law and ecological civilization construction,the ecological environment compensation system reform plan(hereinafter referred to as the "reforms")encouraged by the relief of the ecological environment has a direct basis,is to solve the current "enterprise pollution,the victims,the government pay" dilemma strongly assists.The reform plan creatively put forward the specific work of rehabilitation or compensation that could be carried out through negotiation,making the ecological environment damage an additional relief route.However,in practice,there are still twists and turns to explore and difficulties to solve the problem of ecological environmental damage through consultation in various regions.The unreasonable cognizance of the compensation scope and compensation has greatly reduced the comprehensive implementation effect of the consultation mechanism.At the same time,the theoretical circle for the nature of consultation and relief of the main structure of the construction of a variety of voices.This paper focuses on exploring the nature of the consultation mechanism,the scope of compensation for consultation and the determination of compensation,as well as the system convergence corresponding to the consultation mechanism,and puts forward relevant thoughts and Suggestions.In addition to the introduction and conclusion,this paper consists of three parts:The first part introduces the exploration and practice of the consultation mechanism of ecological environmental damage compensation in China.China has made specific provisions on the implementation subject,application scope and safeguard measures of the consultation agreement of the consultation mechanism,and has built up the operating framework of the consultation mechanism on the whole.Theoretically,public trust theory,new public service theory and transaction cost theory provide support for the legitimacy and rationality of consultation mechanism under the existing legal system in China.The second part analyzes the inadequacy and problems of the consultation mechanism of ecological environmental damage compensation in China.At present,there are three main problems in the application of the consultation mechanism: one is the unclear nature of the consultation on compensation for ecological environmental damage,which is controversial in practice.Second,the consultation scope of ecological environmental damage compensation and the determination of compensation amount are unreasonable,which fail to meet the functional value of ecological environment restoration,and also fail to pay equal attention to the aesthetic value,scientific research value and other non-functional value of ecological environment.Third,the link mechanism between the ecological damage compensation litigation and the environmental public interest litigation after consultation is not smooth.Whether and how to set the sequence in the ecological damage compensation litigation and the environmental public interest litigation are urgent problems to be solved.The third part is the thoughts and suggestions on improving the consultation mechanism of ecological environmental damage compensation in China.The first is to differentiate and define the nature of consultation,which is considered as civil compensation.Secondly,the scope and amount of compensation should be reasonably determined,the non-functional value of ecological environment should be emphasized,and the treatment and prevention of ecological environment damage should be emphasized.For the determination of compensation,we should distinguish the different situations of the obligor of compensation,and consider the legitimacy of his behavior and the degree of fault.Damages within the self-cleaning capacity and carrying capacity of the environment shall be excluded,so as not to restrict legal and compliant production activities too strictly.Third,we will improve the mechanism for linking lawsuits for ecological damage compensation and lawsuits for environmental public interest after consultation.If we want to bring a lawsuit for compensation after the failure of negotiation,we need to set the litigation sequence between environmental public interest litigation and ecological environmental damage compensation litigation.