Study On Consultation System Of Compensation For Ecological Environment Damage

As a new system,the consultation system for compensation for ecological environment damage is an important part of the compensation system for ecological environment damage in China,and plays an irreplaceable role in compensation cases for ecological environment damage.It innovates the way of communication between the parties and provides more choices for solving cases of ecological environmental damage in China.Saving judicial resources and promote the rapid and peaceful settlement of cases.At the same time,it also safeguarded judicial justice and better protected citizens rights and interests.Therefore,starting from the basic theory of the consultation system for compensation for ecological environment damage,this paper deeply explores the contents related to the system,and through understanding its development process,explores the problems in the development process and puts forward suggestions,so that the consultation system can better meet the requirements of compensation for ecological environment damage.In 2015,China issued the Pilot Program for the Reform of Compensation System for Ecological Environment Damage,which creatively put forward consultation on compensation for ecological environment damage.In 2017,China adopted the Reform Plan of Compensation System for Ecological Environment Damage,which further refined the provisions on consultation on compensation for ecological environment damage in the Pilot Plan.In 2020,the Civil Code established the legal system of compensation for ecological environmental damage from the substantive law,which provided a legal basis for the perfection of the consultation system for compensation for ecological environmental damage.However,there are still some problems in the consultation system of compensation for ecological environmental damage in China,such as unclear nature of consultation,single subject of consultation right,unclear connection between consultation and environmental public interest litigation,imperfect supervision mechanism and imperfect judicial confirmation procedure.The European Union,the United States and Japan all emphasize the importance of consultation system for compensation for ecological environmental damage in their relevant legislation,which provides useful experience for China s consultation system for compensation for ecological environmental damage.Among them,it is worth learning from:clearly defining the main body of consultation on compensation for ecological environment damage,establishing supervision and accountability system for compensation for ecological environment damage,and enriching relief methods for consultation on compensation for ecological environment damage.In order to further improve the consultation system for compensation for ecological environmental damage,China should learn from the beneficial experience of the consultation system for compensation for ecological environmental damage outside China and make rational choices for the improvement scheme of the consultation system for compensation for ecological environmental damage in China.Firstly,clarify the nature of consultation on compensation for ecological environmental damage.Secondly,determine the basic principles of the consultation system for compensation for ecological environmental damage,including statutory principle,legality principle,equality principle and public participation principle.Finally,the specific measures to improve the consultation system of compensation for ecological environmental damage include determining diversified subjects of consultation rights,establishing a system of linking consultation with environmental public interest litigation,improving the supervision mechanism of consultation,and improving the judicial confirmation system.