Research On The Legal Issues Of Consultation System Of Compensation For Ecological Environment Damage

The consultation system of compensation for ecological environment damage is a new attempt to deal with the problem of ecological environment damage,which has become an important research focus in academia and practice.Since 2015,the reform of the compensation system for ecological environment damage has been carried out.Since then,various provinces and cities have actively cooperated and issued corresponding consultation methods and opinions to lay the foundation for the initial construction of the compensation system for ecological environment damage nationwide in 2020.Up to now,there have been little achievements,such as the determination of consultation subjects,the refinement of the scope of application of the consultation,and the formation of a relatively systematic process model At the same time,it also explores the protection of the negotiation agreement and the use direction and way of the funds after negotiation.From the whole point of view,the direction and experience of China’s consultation system reform is worthy of affirmation,so it has important theoretical value and practical significance to strengthen the systematic research and system design of the consultation system of ecological environment damage compensation.Due to the fact that the consultation system is still in the primary stage of exploration,there are some problems as well as achievements,which hinder the effective promotion of the consultation system of compensation for ecological environment damage.Mainly in the following aspects: first,the legal nature of the negotiation act is vague.Second,the scope of the parties involved in the negotiation is narrow.Although the latest judicial interpretation extends the right holder of compensation to the municipal government,it still fails to meet the practical needs.Third,the judicial confirmation procedure of negotiation agreement is not perfect.In view of the differences between negotiation agreement and mediation agreement,it is necessary to find a judicial confirmation procedure suitable for the characteristics of negotiation system to ensure the consequences of negotiation.Fourth,the rules for the connection between consultation and relevant procedures are unclear.Because consultation,environmental civil public interest litigation and administrative procedure are the procedures of environmental benefit relief,they have common characters,which makes the practice connection fuzzy and the application confusion.Fifthly,there is a lack of supervision mechanism of consultation system,and the existing documents have not yet made detailed provisions on the issue of consultation supervision mechanism,so that the consultation process and results can not be effectively guaranteed.On the above issues,this paper puts forward corresponding legal suggestions to reduce many obstacles in consultation practice.First of all,we should make clear the legal nature of consultation behavior,and then point out the direction for the operation and development of consultation system.Secondly,in view of the narrow issues of the parties involved in the consultation,the county government should be given the qualification for consultation and claim,and establish a socialized responsibility mechanism to fill the ecological damage liability in combination with the national conditions,so as to ensure the effective implementation of the consultation agreement to the greatest extent and remedy the ecological damage in time.Thirdly,it is necessary to increase the substantive review procedure of the consultation agreement,set up specific judicial confirmation rules in line with the characteristics of the consultation agreement,and finally guarantee the effective implementation of the consultation agreement.In addition,it is also necessary to clarify the rules of connection between consultation and relevant procedures,clarify the relationship between various procedures,and provide the best solution for the remediation of ecological damage.Finally,this paper puts forward specific suggestions to improve the consultation and supervision mechanism from three aspects of information disclosure,post evaluation process and public participation,in order to effectively implement the consultation system,so as to maintain the social and public interests representing environmental justice.