Study On Procedural Safeguards For Realization Of Negotiated Agreements On Ecological And Environmental Damage Compensation

Ecological environment is the foundation of human survival and development.As an important means of resolving ecological and environmental damage compensation disputes unique to China,the compensation consultation system,analyzed at the normative level,refers to a new environmental mediation model in which the administrative organ authorized by the State Council and the person obligated to compensate for ecological and environmental damage conduct equal consultation on the content of ecological restoration and the duration of compensation in order to reach a negotiated agreement when ecological and environmental damage occurs.Whether focusing on the act of consultation itself or on the judicial relief of the ecological environmental damage compensation agreement formed by consultation,it should reflect the institutional purpose of relief of ecological environment and development of ecological civilization.There is a debate between "administrative agreements" and "civil agreements" regarding the attributes of ecological and environmental damage compensation agreements.It is not conducive to the development of a reasonable interpretation of this system,and it will also hinder the smooth operation and practice of the compensation consultation system.In the theoretical background of public-private law coordination,the dual-order structure can help reasonably define the legal nature of the consultation system,establish the natural structure of the former public law and the latter private law attributes,dissolve the existing doctrinal disputes,and more clearly define the nature of the ecological and environmental damage compensation agreement formed through consultation.In practice,the judicial confirmation mechanism for compensation agreements has not fully achieved its original design.On the one hand,the ambiguity of the judicial confirmation system itself reduces the efficiency of the government in achieving ecological and environmental governance,and the "double-order construction" is adapted to the current theoretical development and institutional status of ecological and environmental damage compensation negotiation.It is proposed that the rules of judicial confirmation of ecological and environmental damage compensation consultation agreements should be further refined,and the judicial confirmation system should be supplemented and improved from the perspectives of application subjects,jurisdiction,review period,review standards and public disclosure procedures,so as to achieve the optimal application of compensation consultation and traditional administrative control in a more just and efficient manner.On the other hand,the judicial confirmation system of ecological and environmental damage compensation follows the trend of environmental rule of law and is conducive to the formation of systematic environmental governance tools.However,this system currently lacks a remedy for cases where a compensation agreement has been signed but not judicially confirmed,and it is inappropriate to either give the compensation agreement administrative enforceability or turn to a civil breach of contract lawsuit for relief.In this regard,a more reasonable idea is to breach of debt as the subject of litigation,within the framework of the general civil breach of contract litigation system,to explore inexpensive solutions,improve the special relief rules for non-judicial confirmation of the compensation agreement,to improve the fairness of judicial confirmation.At the same time,it can also be efficient,reflecting the equality of the status of the two parties and the fairness of the indemnity agreement in the system search,and promoting the mechanism to achieve ecological and environmental governance by indemnity agreement back to the right way.