Research On Applicable Issues Of Summary Proce Dures For Ecological And Environmental Damage Compensation Cases

The ecological environment damage compensation system is an innovative achievement in the construction of China’s ecological civilization system.With the normalization and legalization of the reform of the system,the number of ecological and environmental damage compensation cases has increased year by year,which has caused problems such as low case handling efficiency and poor relief effects.In order to cope with the rapid increase in the number of cases and the problem of "long period and high cost" of ecological and environmental damage appraisal and assessment,efficiently optimize the allocation of limited administrative resources,improve the efficiency of case handling and meet the needs of environmental damage appraisal and assessment,the compensation for ecological and environmental damage is different from ordinary procedures The summary procedure of the case came into being.Compared with ordinary procedures,simple procedures have the advantages of high efficiency,low cost,and short time.At present,many regional ecological and environmental management functional departments are constantly exploring the adoption of simplified procedures for simple ecological and environmental damage compensation cases.However,the standardization and exploration of summary procedures for ecological and environmental damage compensation cases is in the preliminary stage,and based on the fact that my country’s current legislative provisions on ecological and environmental damage compensation systems mainly rely on policy-driven practical exploration,the law on ecological and environmental damage compensation consultations The nature and procedural regulations have not been unified and clarified,which makes it difficult to achieve the purpose and effect of the summary procedure for ecological and environmental damage compensation cases in practice.Therefore,it is necessary to combine case analysis to study the legal problems existing in the application of summary procedures in ecological and environmental damage compensation cases.This article selects the representative cases of the application of summary procedures for ecological and environmental damage compensation in three provinces of Hunan,Guizhou,and Shandong as the research starting point,and explores the relevant core laws applicable to the summary procedure of ecological and environmental damage compensation cases in practice from the perspective of procedure application problems,and carry out legal arguments on them one by one,so as to clarify and determine the applicable conditions and scope of the summary procedure for ecological and environmental damage compensation cases.At the same time,the procedural rights of the obligor of compensation are protected by constructing the conversion rules of the summary procedure of the ecological environment damage compensation case.Based on this,the efficient operation of the simple procedure of ecological and environmental damage compensation cases can be realized,and the superiority and practicality of the ecological and environmental damage compensation system can be better demonstrated.The main content of this article is as follows:The first part is the introduction of typical cases and the refinement of legal application issues.Taking the typical examples of the application of summary procedures in the representative ecological and environmental damage compensation cases in the three reform pilot provinces as the starting point,this paper explores the legal application problems of the summary procedure in the application of ecological and environmental damage compensation cases.After empirical analysis,three core legal issues were summarized and extracted,namely: first,the determination of the applicable conditions of the summary procedure for ecological and environmental damage compensation cases;second,the definition of the applicable scope of the summary procedure for ecological and environmental damage compensation cases;Third,the conversion of the summary procedure for ecological and environmental damage compensation cases.The second part is the jurisprudence analysis of core legal issues.It is mainly to put forward my own views on the three core legal application issues extracted in the second part by combining the specific normative documents of some provinces,regions and cities,and conducting normative analysis and comparative analysis of legal arguments.The third part is the research inspiration suggestion.It mainly puts forward the perfect countermeasures for constructing the application mechanism of the summary procedure for ecological and environmental damage compensation cases,including adjusting and refining the application conditions of the summary procedure for ecological and environmental damage compensation cases;clarifying the applicable scope of the summary procedure for ecological and environmental damage compensation cases and establishing the applicable conversion rules.Therefore,it is hoped that the work of compensation for ecological environmental damage will be normalized.Besides,the timely and effective relief of ecological environmental damage will be realized.