A Study On The Legal Issues Of Negotiation In The Lawsuit Of Compensation For Ecological Environment Damage In China

In our country,the consultation procedure of ecological environment damage compensation lawsuit is the necessary pre-procedure to bring the ecological environment damage compensation lawsuit.From the first proposal of the Pilot Program for the Reform of the Ecological Environment Damage Compensation System(hereinafter referred to as "the Pilot Program ")in December 2015 to the continuous advancement of the Reform Program for the Ecological Environment Damage Compensation System(hereinafter referred to as" the Reform Program ")in 2017,to the perfection and refinement of the Supreme People’s Court’s Provisions(Trial Implementation)in 2019(hereinafter referred to as "Some Provisions"),the consultation procedure of ecological environment damage compensation litigation from selective application to mandatory application,changing the traditional single way of litigation in the environmental field of our country,Improved ecological environment management model.The introduction of alternative dispute resolution mechanisms into the field of ecological environment,the consultation process played its due function in the pilot practice,fully confirmed the necessity and feasibility of the procedure.The importance of consultation and its special value function of ecological environment damage compensation litigation has been fully recognized in the theory and practice of ecological environment damage compensation litigation,but because it is in its infancy,there are still many unreasonable points in setting up rules and supervising mechanism,which need to be further improved and refined.This paper summarizes the existing problems of compensation consultation,and holds that the connotation of compensation consultation should be clarified first,and the nature of consultation behavior should be civil.Although the consultation procedure is clearly stipulated as the necessary pre-procedure to initiate the ecological environment damage compensation lawsuit,the setting of the consultation procedure in each pilot place presents different patterns,and the lack of a unified and standardized process is not conducive to the smooth development of the ecological environment compensation lawsuit.Through the comparative analysis of the methods of consultation work in the pilot provinces and the in-depth analysis of the practical cases,the main problems in summing up the consultation procedure are mainly reflected in the single subject of consultation,the unclear rules of consultation procedure,the imperfect judicial confirmation system,and the lack of supervision mechanism for the consultation procedure.This paper compares the consultation mechanism of similar eco-environmental damages litigation with that of the United States,Japan and the European Union,and guides the consultation on eco-damage compensation litigation to continue to improve and refine the rules design,combing the theoretical basis of its similar system,summarizing the highlights and limitations of its system design,and providing useful reference for the construction of the consultation procedure of eco-damage compensation litigation in China.Finally,by enriching the subject of consultation,setting the conditions,time and time limit for the start of consultation,clarifying the situation of termination of consultation,perfecting the judicial confirmation system of consultation agreement and the supervision mechanism of consultation procedure,the consultation procedure is perfected from many angles.The perfection and perfection of the consultation procedure of ecological environment damage compensation litigation is related to the improvement of ecological environment compensation litigation in China,which is in line with the overall requirements of ecological civilization construction,and is conducive to the timely restoration of ecological environment in China and the innovation of ecological environment damage dispute resolution mechanism.