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Practice Review And Improvement Of Consultation System Of Compensation For Ecological Environment Damage

Posted on:2021-04-08Degree:MasterType:Thesis
Country:ChinaCandidate:Q JingFull Text:PDF
GTID:2381330623481893Subject:Constitution and Administrative Law
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The ecological environmental damage compensation consultation system is an important innovation in the ecological environment in China’s national governance transformation.It is an innovative ecological environment damage relief method.It means that after the ecological environment is damaged,it is represented by the government or other administrative agency authorized by the State Council A system in which the State consults with those responsible for damage on environmental restoration issues.This process is not only satisfied with the current macro direction of state governance,but is consistent with the call of the times for "multiple consultations with issues" and "service-oriented government." In the form,through the measurement of the interests of both parties,a negotiated agreement that meets the demands of all parties can be reached at a low cost.The negotiation and dialogue mode not only reflects the deep connotation of deliberative democracy,but also implements the principles of attaching importance to ecology and protecting ecology,and has contributed a new active factor to environmental governance.Therefore,this paper chooses a new type of flexible administrative law enforcement behavior-compensation for damage to ecological environment The consultation system is researched and analyzed.Based on the "Eco-Environmental Damage Compensation System Reform Plan" as a model,from the perspective of national governance,through the overall analysis of the consultation system,based on the theoretical results and the analysis and discussion of practical effects,the construction is in line with the country.Governance transformation,a system that responds to the construction of an ecological civilization,and an efficient consultation system for compensation for damage to the ecological environment.The first part of this article is an introduction.This part first explains the reasons for choosing the topic of the thesis,and the significance of the research,and introduces the practical necessity of the consultation system for compensation for damage to the ecological environment.Secondly,based on the negotiation of compensation for damage to the ecological environment,it locates the current status of research at home and abroad,and summarizes the current status of the research.Finally,this paper introduces the various research methods used in this article,and explains the innovations and deficiencies in the paper.The second part is the analysis of the logical connotation of compensation for damage to ecological environment.This part mainly introduces the basic concept,characteristics,purpose and function of the negotiation of compensation for ecological and environmental damages.Through the analysis and discrimination of the legal attributes of the legal field,it lays the foundation for further analysis of the exogenous theoretical basis of the consultation system.The third part is the theoretical basis of China’s ecological environment damage compensation consultation system.The exogenous theoretical basis is mainly based on the relevant legislative sources and practical sources in foreign countries.The endogenous theoretical basis is mainly based on the deep legal and cultural heritage and time value of the consultation system in ancient China,combined with the current legislation in China and the practical effects of pilot areas.This paper studies the construction of China’s current ecological and environmental damage compensation consultation system,and puts forward the practical dilemmas such as the limited scope of compensation parties,the lack of restrictions on the power of administrative subjects,the lack of public supervision,and the inadequate connection mechanism for litigation procedures.The fourth part is the path choice for the improvement of the consultation system for national governance and compensation for ecological and environmental damage.This part progresses from the macro planning level,the system design level,the start-up link,the negotiation link,and the follow-up link step by step,and gradually outlines the selection of the procedural path for the establishment of a comprehensive negotiation of compensation for ecological and environmental damage in China.
Keywords/Search Tags:compensation for ecological and environmental damage, consultation system, practical effect, national governance
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