Research On The Consultation System Of Compensation For Ecological Environment Damage

The Eco-environmental damage compensation consultation system is a non-litigation system established by China in 2015.It is mainly used to solve the problem of compensation for ecological environmental damage.The system mainly adopts the method in which the government negotiates and signs a negotiation agreement with the compensation obligor,and together with the environmental public interest litigation constitutes the relief mechanism of China’s ecological environmental disputes.In terms of connotation,"consultation" and "reconciliation" and "mediation" have an intersection,mainly based on the independent negotiation of both parties,and does not exclude the mediation of third parties.The establishment of the Eco-environmental damage compensation consultation system is in line with the advocacy of a diversified dispute resolution mechanism,which is conducive to saving cost,preventing the damage expansion,and balancing the interests of all parties.Since the establishment of the Pilot Program for the Reform of the Compensation System for Ecological Environmental Damage(hereinafter referred to as the “Pilot Program”),it has achieved considerable development.Many provinces and cities have used it as the preferred relief measure for ecological environmental damage.Since China’s consultation system for compensation for ecological environmental damage is still in the stage of exploration and implementation,it is currently only regulated in the normative documents,which is a policy-level system and lacks specific operational rules.According to the normative documents issued by various regions and the actual operation status of the consultation system,the current consultation system for compensation for ecological environmental damage in China mainly has the following problems: the single subject of the consultation rights,the narrow application period of the consultation,the legal validity criteria of the negotiation agreement are not uniform,and consultations and public interest litigation have a connection dilemma.Therefore,it is necessary to expand the scope of the main subject of compensation and consultation,including environmental protection organizations and Procuratorate,and establish consultation positions such as government agencies,environmental protection organizations,and Procuratorate;expand the applicable stage of consultations,introduce consultations in the lawsuit,and provide Pre-litigation consultations and consultations in the litigation apply different procedural rules,allowing the court to initiate consultations in accordance with the powers at the litigation stage,and strictly distinguish the number of consultations that can be negotiated in the two stages before and after the litigation;the judicial confirmation system for the negotiation agreement should be clarified,and improve the judicial confirmation system by adding the publicity procedure of the negotiation agreement,increasing the substantive examination procedure of the negotiation agreement,and affirming the judgment of the judicial confirmation;the priority of consultation should be established to solve the dilemma of consultation and environmental public interest litigation.