| After the ecological environment damage occurs,how to repair and compensation as soon as possible is the most crucial problem.In December 2015 and December 2017,the state successively issued the Pilot Program for Reform of Ecological Environmental Damage Compensation System and the Reform Plan for Compensation for Ecological Environmental Damage Compensation,which not only allowed the practice of ecological environmental damage compensation to be transferred from pilot to trial,but also promoted the development of consultation practices.However,these two programs serve as guidance documents,the provisions of the consultation system are too general and cannot provide a sufficient institutional basis for judicial practice.According to the requirements of the two programs,the pilot provinces and municipalities conducted exploratory research and practice according to the damage compensation needs,formulated practical and feasible consultation methods,and produced some typical consultation cases with research significance.Such as ‘Guizhou Xifeng Chengcheng pollution case’,‘a sewage pollution case of a paper industry in Yunnan’,‘Shandong Daoyi pollution case’,‘a pollution case of a chemical company in Chongqing’ and‘a pollution case of a mining company in Hunan’ and so on.The provinces and municipalities conduct consultations based on their own characteristics and different understandings of the two programs,which makes differences in the specific implementation process.The resulting cases have both experience and deficiencies.The useful experience generated by practical exploration includes:clearing and expanding the participants in consultation,ensuring the effectiveness of the consultation agreement and determining the subject of the consultation transfer to the litigation.The existing problems include the following: ‘the third-party involved in the consultation is not unified,the time,conditions and frequency of consultations are not clear,the responsibility for behavioral remediation is less applicable in the consultation and the guarantee mechanism for consultation effectiveness needs to be unified and popularized’.Based on the analysis of the above experiences and shortcomings,this article puts forward five suggestions,including ‘determining the main body of participation in consultations,establishing the time,conditions and frequency of consultations,improving the content of consultations,to unify and popularize the effectiveness of consultations,and refine the consultation rules’,in order to provide comprehensive suggestions for a unified consultation system in the future. |
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