Research On The Connection Mode Between The Ecological Environmental Damage Compensation Consultation And The Litigation System

The traditional legal system of our country pays much attention to the relief of environmental pollution tort,but neglects the relief to the ecological environment itself.The Civil Procedure Law promulgated in January 2013 and the environmental protection law promulgated in January 2015 have gradually established the environmental public interest litigation system in China.However,the relevant laws do not explicitly recognize the request for compensation for the damage of the ecological environment.Although the Supreme People’s court interpretations of several issues concerning the application of law in environmental civil public interest litigation,it is clear that a request for compensation for the damage to the ecological environment can be made in the environmental public interest litigation,but the relevant system is not perfect.The compensation for ecological environmental damage itself lacks strong legal support,so the purpose of restoring the damaged ecological environment can not be finally realized.The implementation of the pilot program for the reform of the ecological environmental damage compensation system in December 2015 shows that the system of compensation for the damage of ecological environment in China has been initially established.The December 2017 "ecological environmental damage compensation system reform program" has been introduced to show that the system of ecological environmental damage compensation system will be carried out throughout the country.The pilot scheme for the reform of the compensation system for the ecological environment is a system system specially established for the compensation for the damage of the ecological environment.The core purpose is to repair the damaged ecological environment.The proposed compensation for damage to the ecological environment of the consultation,the purpose is relatively outstanding,the ecological compensation for damage to the environment itself attention;the program is relatively flexible,so that the ecological environment damage compensation can be timely compensation;will relatively free,so that the ecological environment damage compensation can be achieved as quickly as possible.But the "ecological environmental damage compensation system reform pilot program" only"active consultations,judicial protection,and put forward without consultation,can also be" right to compensation can also be sued directly,not clear connection model of two systems with in solving environmental problems of damages.But in the two years of implementation of the pilot program,in December 2017 the introduction of "ecological environment compensation system reform plan" clearly stipulates,"consultations did not reach an agreement,the right to compensation may bring a lawsuit in accordance with the law,can not delete the relevant provisions after consultation procedures directly bring the ecological environment damage compensation litigation,clear ecological compensation for environmental damage consultation program in a preferred position,but to make this set of reasons,still need further analysis.This paper intends to discuss the establishment of compensation for damage to the ecological environment of cohesion in consultation with the litigation mode,clear the two system to solve the ecological environment compensation of the advantages and disadvantages of analysis in compensation for damage to the ecological environment of activities in priority for reasons and consultation system of necessity and feasibility,the consultation and litigation two system dynamic combination,a better solution ecological environment damage compensation related issues.This paper mainly focuses on the study of ecological damage compensation consultation and litigation connection mode,and the full text is composed of four parts.The first chapter is the introduction,which mainly introduces the research background,purpose and significance of the article,and the current research situation at home and abroad,and further ponder on the related problems of the establishment of the mode of connection between the consultation and litigation of the ecological damage compensation.The second chapter is about the consultation and litigation system of the compensation for the damage of the ecological environment.The basic questions of the consultation system and the litigation system are discussed respectively,and the necessity of the two systems linking is analyzed.The third chapter is the experience of ecological environmental damage compensation consultation and litigation connection mode.Through the summary and analysis of practice cases,local reform pilot scheme formulation and extraterritorial experience,some suggestions are provided for the construction of the cohesive model.The fourth chapter is about the connection path of consultation and litigation of the compensation for the environmental damage.Through the regulation of the different subjects and different systems,we put forward the connection mode of consultation and litigation for the compensation for the environmental damage.