Study On Judicial Confirmation Of Consultation Agreement On Compensation For Ecological And Environmental Damage ——From The Perspective Of The The First National Case Of Consultation On Compensation For Ecological And Environmenta

Judicial confirmation of the agreement on compensation for ecological damage（referred to as judicial confirmation of the ecological consultation agreement）refers to the judicial review of the agreement reached through consultation between the parties and confirmation of its enforcement effect by the court,so as to ensure the implementation of the agreement in actual restoration.The system was initially innovatively applied by the People’s Court of Qingzhen City,Guizhou,and was later adopted by the Reform Program of the Ecological Environmental Damage Compensation System issued by the General Office of the CPC Central Committee and the General Office of the State Council in late2017.Two years later,in 2019,the Supreme People’s Court issued a judicial interpretation in this regard-"Certain Provisions on Hearing Ecological and Environmental Damage Compensation Cases（for Trial Implementation）",which further clarified the judicial confirmation of ecological consultation agreements and provided for a public disclosure period of thirty days.2020 In August,the Ministry of Ecology and Environment,the Ministry of Justice,the Supreme Court and the Supreme Prosecutor also jointly issued the Opinions on Several Specific Issues Concerning the Reform of the Eco-environmental Damage Compensation System,emphasizing the provision that if a compensation agreement is reached through consultation,the compensation right holder and its designated department or agency and the compensation obligor may apply to the people’s court for judicial confirmation.This paper is a case study on the judicial confirmation of ecological consultation agreements.The author selects three cases of judicial confirmation of ecological consultation agreements in practice,analyzes and researches the legal and jurisprudential issues involved,and makes suggestions on how to improve the judicial confirmation system of ecological consultation agreements.The paper consists of an introduction,case analysis,jurisprudence analysis and suggestions.By drawing out typical cases of judicial confirmation of ecological environmental damage negotiation agreements,the controversial points in theory and the problems arising from judicial practice are summarized.On this basis,an in-depth study of the legal and theoretical aspects of the problems is conducted to analyze what shortcomings there are at the legislative level and theoretical perspectives.From the theories related to ecological consultation,the characteristics and the significance of the existence of judicial confirmation of consultation agreements for ecological and environmental damages are elaborated.With regard to the proposed problems related to the judicial confirmation procedure of consultation agreements,the author believes that there are confusion and imperfections in the application methods and deadlines,jurisdictional courts,and trial deadlines,which need to be further improved at the legislative level and special rules should be established at the same time.Judicial confirmation of consultation agreements cannot be equivalent to judicial confirmation of people’s mediation agreements,and the standards for their hearing cannot be copied from the standards of mediation agreements,and special substantive review standards should be established.In view of the lack of relief measures for judicial confirmation of consultation agreements in legislation and practice,it is proposed that relevant relief measures should be clarified as soon as possible.Finally,based on the jurisprudential analysis and conclusions of the case,specific suggestions are made to improve the judicial confirmation system of consultation on ecological and environmental damage compensation.