| The eco-environmental damage compensation consultation system occurred before the ecological damage compensation lawsuit is a relief system arrangement for realizing damage to the ecological environment by means of the compensation right holder and the compensation obligor signing the compensation agreement.In order to Establishing a nationwide eco-environmental damage compensation consultation system in 2020.Strengthening the systematic research and institutional design of the eco-environmental damage compensation consultation system has important theoretical and practical significance.The first is the theoretical analysis of the eco-environmental damage compensation consultation system.Through the analysis of the reform plan of the ecological environmental damage compensation system,it is concluded that the eco-environmental damage compensation consultation system is a special civil behavior with reconciliation and mediation characteristics.Its particularity is manifested in three aspects,one of which is that consultations only on the public interest of the ecological environment,the second is that all the consultation information must be made public,the third is that the right holder of compensation shall not give up his right and third-party organizations need to supervise the consultation process.The eco-environmental damage compensation consultation system has the functions of filling the legal gap,saving judicial resources and realizing ecological justice by the theory of environmental rights,the theory of the burden of damages and the theoretical basis of socialization of damages.The second is the physical structure of the eco-environmental damage compensation consultation system.In the eco-environmental damage compensation consultation system,the principles of legality,equality,voluntariness,openness,high efficiency and low risk should be adhered to,and the rights and obligations of the compensation right holder and the compensation obligor for the compensation of ecological environmental damage should be distinguished,and the main contents of the consultation on compensation for ecologicalenvironmental damage should be clarified.To provide for the effectiveness of the negotiation agreement on compensation for damage to the ecological environment by means of judicial confirmation.Finally,the program design of the eco-environmental damage compensation consultation system.Before the consultation on ecological environmental damage compensation,the subject of consultation needs to indicate the willingness to negotiate,the facts of the ecological environment damage are clearly identified,and the assessment of the ecological environment damage is completed.Through the analysis of the successful case of Chinese first consultation on ecological environmental damage compensation,the process of negotiation of ecological environmental damage compensation was obtained.Negotiations shall be suspended in the course of the consultations if there is a breakdown of the consultations,failure to sign the consultation agreement within a certain period of time,and the occurrence of illegal activities during the consultation.In order to supervise the completion of the negotiation agreement,the post-consultation evaluation system for compensation for ecological environmental damage was added.After the failure of the consultation,different entities may file an environmental public interest litigation or an ecological environmental damage compensation law suit. |
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