| In 2015,the General Office of the Central Committee of the Communist Party of China and the General Office of the State Council issued the "Trial Plan for the Reform of the Compensation System for Ecological and Environmental Damage".As one of the highlights of the plan,a consultation system for compensation for damage to the ecological environment was proposed and implemented in pilot areas.According to the results obtained in the pilot areas,the General Office of the Central Committee of the Communist Party of China and the General Office of the State Council officially promulgated the “Reform Plan for the Compensation System for Ecological Environmental Damages” in 2017.the consultation system for compensation for ecological environmental damages was promoted from the pilot areas to the whole country.As a brand-new system,the consultation system has its own unique advantages in solving ecological damage problems.It can not only make up for the limitations of traditional relief methods,but also solve the problems of ecological restoration and compensation in a timely manner.In order to have a basic understanding of the consultation system,this paper starts with an overview of the concept,characteristics,nature and functions of the consultation system,and defines the consultation system,considering that the consultation is a special civil legal act with the color of public law.On this basis,through the collation and comparison of the policy documents related to the consultation system,the commonalities and deficiencies are found,and the current situation of the legislation,system and implementation of the consultation is analyzed and summarized.Based on the results of the analysis,it is found that there are some difficulties in the consultation system of compensation for ecological damage in China,including the fuzzy basis of the right to claim for compensation,the confusion of the status of the compensation right holder,the weak practical operation of the consultation procedure,and the unclear linkage mechanism between the consultation procedure and public interest litigation.The plight of the consultation system affects the action of the play,therefore,aiming at the existing problems,and puts forward related Suggestions,including clear consultation right claim right basis,establish consultation rights subject program provisions of the responsibility system,detailed consultation system,building,consultation system and cohesive mechanism of public interest litigation,in order to improve the system of consultation,hope it can play its role. |
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