The Research On Consultative System Of Compensation For Ecological Environment Damage

In China's program on the reform of ecological and environmental damage compensation,the obligor of compensation is required to take the initiative to negotiate with the obligatory obligor after a series of investigation and evaluation work completed in ecological and environmental damage cases.This is the consultative system for resolving ecological damage compensation in China.If the two parties fail to consult with each other,the case will be solved through contentious procedure.Compared with the contentious procedure for damages to the ecological environment,the consultative system for damages to the ecological environment has the features of saving the judicial cost and better mobilizing the persons who are responsible for compensation to fulfill the obligation of restitution.In addition to the introduction,the structure of this article consists of four parts.The first part is the basic theory of compensation consultation system for ecological environmental damage compensation.Firstly,the meaning of the consultation system of compensation for ecological environmental damage is discussed,and its connotation and extension are clearly defined.Secondly,this paper expounds the theoretical basis of this system and puts forward the theory of environmental right theory and environmental interest on the basis of existing public trust theory.Thirdly,the paper discusses the nature of the consultation system of compensation for ecological environmental damage,and supports the view of "consultative administration" in the existing views,and further points out the characteristics of the system.Finally,this paper summarizes the significance of this system in China.The second part is the practice of the consultation system on compensation for ecological environmental damage.This paper introduces the implementation of this system in our country,including the current of all kinds of normative documents,pilot and the pilot provinces and cities of all kinds of files,thus for our country the development of the ecological compensation system of consultation,provides the full basis.At the same time,this paper discusses the development of China in this aspect,enumerates some cases,and from these cases,concludes that the ecological environmental damage compensation consultation system plays an important role.On the basis of these documents and cases,from two aspects of entity and procedureproblems,put forward the plight of the system implementation in our country,including consultations subject standard not unified,public participation is not obvious,consultation termination condition limit is too wide,the problems such as linking to the litigation.The third part is about the foreign ecological environmental damage compensation consultation system investigation.This paper mainly introduces the development of the two countries in this system,namely Japan and the United States.Japan does not have an ecological environmental damage compensation consultation system.The public nuisance case is solved by mediation,mediation,determination and so on.However,this solution is worthy of our study and reference.The United States,in the development of the system,belongs to the forefront of the world.Although in the related theoretical research is not much deep in our country,but in many cases,are using this approach,the large amount of compensation agreement through negotiations,such as the gulf of Mexico accident.In practice,the United States has solved many cases through consultation,and there are some problems.For these positive effects,our country can continue to learn in the development of the following ecological environmental damage compensation consultation system.However,the negative aspects are also worth studying in China,so as to avoid this problem.The fourth part is in the third part points out that the problem,two aspects from the aspects of entity and procedure,and combining the relevant documents as well as some of our existing specific case practice situation,puts forward the corresponding solution and perfecting suggestion.The entity is mainly to clarify the specific compensation right holder,the introduction of third party participation.The procedural aspect puts forward the situation of regulating the termination of the consultation,and the position of clear prosecution subject.Through these Suggestions,we can make the compensation consultation system for ecological environmental damage in our country more long-term.