Research On Consultation System Of Compensation For Ecological Environment Damage

Different from the traditional environmental tort,the ecological environmental damage is a kind of public interest damage which takes the ecological environment restoration as the responsibility.It can’t be applied to the civil tort relief mechanism which focuses on the relief of personal and property rights.At present,the ecological environment relief mechanism in our country shows the phenomenon that the people who damage the ecological environment do not repair the environment and do not bear the obligation of compensation.Finally,the government pays in advance and repairs the ecological environment,which causes the responsibility of the people who damage the ecological environment to become the responsibility of the government.Therefore,it is necessary to find a new relief mechanism to solve the problem of ecological environment damage repair or compensation,and let the people who damage the ecological environment bear the responsibility.Under the condition that the consultation system of compensation for ecological environment damage has been implemented in China,this paper takes the consultation system of compensation for ecological environment damage as the core,explores the deep theoretical basis of the existence of the administrative consultation system,and provides the basis for the reform of the administrative law enforcement mode of the government’s environment;secondly,it combines the current situation of China’s consultation system in practice and reveals many system problems in the process of consultation Question.Finally,it responds to the reform of environmental administrative law enforcement system with the concept of cooperation and ecology,and explores the governance mechanism of ecological environment under the integration of public and private laws.This paper is divided into four parts:The first part of this paper defines the concept of eco-environmental damage and consultation behavior through concept comparison;then expounds the content of consultation system of eco-environmental damage compensation from four aspects of compensation obligee and obligor,liability mode and claim way;secondly,defines the legal nature of consultation system;finally,explains the value of consultation system.The second part discusses the theoretical basis of the consultation system of compensation for ecological environment damage.First of all,from the perspective of inter subject theory,balance theory and deliberative democracy,this paper demonstrates the way of executive power,that is,the theoretical root of deliberative administration;secondly,from the perspective of the modernization of social governance ability,it demonstrates the significance of the concept of CO governance;finally,it demonstrates the adjustment of the principle of non punishment of public power from the perspective of administrative purpose.The third part analyzes the main problems faced by the consultation system of compensation for ecological environment damage.The first is the defect of setting up the main body in the start-up link,which analyzes the problems existing in the various main bodies in the consultation;the third is the rough content planning of the consultation link,which is mainly reflected in the imperfection of the appraisal mechanism of the consultation basis,the insufficient restriction of the administrative power in the consultation process and the problem of the consultation time limit;the fourth is the confusion of the follow-up link procedures,which is mainly reflected in the consultation system and other litigation The relationship between procedure and the accumulation of liability between compensation,fine and fine after negotiation.In the fifth part,based on the above analysis,some suggestions are put forward to improve the consultation system of compensation for ecological environment damage.In view of the legal issues in the consultation system of compensation for ecological environment damage in China,the author puts forward suggestions from the aspects of subject,content and procedure.