Research On The Perfection Of The Consultation System For Compensation For Ecological Environment Damage

In order to build a well-off society in an all-round way,realize socialist modernization and the great rejuvenation of the Chinese nation,the state has made a "five-in-one" overall layout at the top-level design level,and raised the construction of ecological civilization into a national strategy,indicating the protection of ecological environment and ecological destruction,and the environment.The prevention and control of pollution is receiving increasing attention in China.However,eco-environmental governance is a systematic project that needs to be compatible with China’s current legal system and needs to find a balance between environmental protection and development of production.Therefore,in 2015,the Central Office of the CPC Central Committee and the General Office of the State Council issued The Pilot Program for the Reform of the Compensation System for Ecological Environmental Damage authorizes 13 provinces and municipalities directly under the Central Government to carry out pilot projects within the framework of the operation of the current legal system.Based on the pilot experience and practical effects,it explores the framework for establishing an ecological environmental damage compensation system.After two years of pilot work,the “Eco-Environmental Damage Compensation Reform Plan” was piloted nationwide in 2018.The eco-environmental damage compensation consultation system is one of the important contents embedded in the framework of the ecological environmental damage compensation system,and its internal system is deeply analyzed.Logic,summarizing and summarizing its internal implementation rules,and proposing reliable suggestions to further improve the consultation system,making the consultation system an important means of compensation for ecological environmental damage,and better achieving the expected goal of ecological environment restoration.However,the consultation on compensation for ecological environmental damage is still in the exploration stage in China,and its legal nature and constituent elements have not yet been clarified.It is necessary to sort out and summarize the existing research.First of all,starting from the basic issues of the eco-environmental damage compensation consultation system,the current relief of environmental public interest litigation is in full swing.The relief path of ecological environmental damage is parallel between administrative mediation and public interest litigation.In practice,both of them often encounter Convergence problems,and thus the feasibility and necessity of the analysis of the actual needs of the consultation system.Secondly,in the existing institutional context,combined with existing research,the concept of “compensation for compensation for ecological environment damage” and other concepts will be clarified,and the ecological environment damage will be further explained through the analysis of the composition of the consultation system and the analysis of the legal nature.The substantive connotation of the compensation consultation system.The basic problem of the consultation system for ecological environmental damage compensation is the inherent motivation and institutional design premise of its system operation.Based on the inductive analysis of it,the typical case of solving the problem of ecological environmental damage by consulting non-litigation in Guizhou Province In-depth analysis,from the two aspects of the entity and the program to summarize the useful exploration of Guizhou Province in the innovation of the consultation system.At the same time,the endogenous and extensional issues of the consultation system in the pilot practice are the focus,and the negotiation system for guiding the ecological environmental damage compensation continues to be improved in the direction of system convergence and rule design,and combines the similar ecology of the United States,Japan,and the European Union.Compared with China,the mechanism of environmental damage compensation consultation is to sort out the theoretical basis and operation status of similar systems,summarize the highlights and limitations of its system design,and provide useful reference for the construction of China’s ecological environment damage compensation consultation system and related mechanisms.This thesis uses literature research methods,systematic analysis methods and comparative analysis methods to discuss.In the first chapter,the first chapter explains the basic theory of the compensation system for ecological environmental damage compensation.The second chapter starts with the innovative measures of the pilot case,and analyzes the pioneering attempts of the negotiation system in terms of entity and procedure.The third chapter adopts the pilot.The current situation of the operation and the research of the existing research in the academic circle,the essence analyzes the endogenous and extension problems existing in the current negotiation system;the fourth chapter is a similar mechanism for the negotiation system of the ecological disaster damage compensation of the US,Japan and EU foreign countries.To explore and compare the successful practices and limitations in the context of its legal system.The fifth chapter summarizes the general ideas and perfect path for the design of China’s ecological environmental damage compensation consultation system,and hopes to improve the compensation for ecological environmental damage compensation.Provide institutional advice to achieve the goal of ecological damage restoration.