Research On Consultation Mechanism Of Compensation For Ecological Environment Damage In China

In recent years,the negative effects of the environment caused by the traditional concept of economic priority have begun to appear gradually,and in order to effectively manage this persistent disease,the central government has decided to implement a new mechanism for relief of ecological damage-consultation.As a brand-new compensation mechanism for damages,consultation provides an effective means of relief for compensation rights holders to carry out their claims.Since the implementation of the consultation mechanism,according to the central policy documents combined with local provincial and municipal conditions to explore its connotation,so that the consultation mechanism in practice has been continuously developed and improved,for the establishment of the ecological environment damage compensation system provides a wealth of practical experience.In order to have a clear understanding of the basic theory of consultation,this paper first starts with the concept,characteristics and content of consultation,gives a brief overview of the consultation,and clarifies the basic connotation of consultation.Based on the realistic needs of china’s ecological civilization construction in the new era,the concept and goal of consultation are analyzed in depth.At the same time,this paper discusses and analyzes the legal nature of consultation from a new perspective.Secondly,in order to fully grasp the problems existing in the practice of consultation,this paper analyzes and summarizes the current situation of consultation from the three aspects of legislative status quo,system status quo and implementation status quo,and thinks that the existing problems of consultation mainly include vague elements of liability violation,narrow scope of the parties to the consultation,lack of protection of the rights and interests of the subject of compensation,unclear interface between consultation and litigation,and lack of effective consultation and supervision mechanism.Finally,in view of the existing problems,this paper summarizes and analyzes the legislative and institutional status quo of extraterritorial countries and summarizes their successful experiences.The author thinks that consultation,as an important relief means of ecological environment damage compensation system,plays an irreplaceable role in the field of ecological environment protection in China,and at this stage,the development and improvement of consultation mechanism should start from the following points: taking illegality as the prerequisite for liability,appropriately expanding the scope of the parties to the consultation,constructing the mechanism of safeguarding the rights and interests of the subject of compensation,clarifying the interface between consultation and litigation,perfecting and refining the supervision mechanism of consultation.