| Consultation on compensation for damage to ecological environment means that after the occurrence of ecological and environmental damage,a series of investigations,appraisals,and evaluations will be conducted by the indemnity holder or its designated department,and exchanges will be made with the obligor for specific issues such as restoration and compensation of ecological and environmental damage Opinions and consultations,and finally a process of agreeing to sign a compensation agreement.It includes three aspects: the subject of the consultation,which specifically includes the right holder,the obligor and the neutral third party;the object of the consultation refers to the damage to the ecological environment caused by the harmful behavior itself,excluding the personal damage caused by environmental pollution And property loss;the negotiation process can be divided into the start-up phase,the negotiation phase,and the completion phase of the negotiation.The negotiation of ecological environmental damage compensation has both the power of public law and the meaning of autonomy of private law.In this paper,a two-level hermeneutic analysis path is used to define the legal nature of ecological environment damage compensation negotiation,and to divide the legal nature of ecological environment damage compensation negotiation.There are two stages.The first stage is dominated by administrative organs and the content of administrative decisions is made.The legal nature is public law.The second stage is based on the equal status of the parties.The two parties reach a contract and performance.The legal nature is private law.There are prominent legal problems in China ’s current negotiation of compensation for damage to ecological environment: the scope of the negotiation body is single,including narrower scope of the right to compensation,unclear scope of the obligor to expand,and inconsistencies in the third parties participating in the negotiation;,Including the late start of consultations,incomplete termination of consultations,inconsistencies in the number and duration of consultations;inadequate supporting guarantee mechanisms for consultations,including the unclear order of consultations and environmental civil public interest litigation,and the judiciary of negotiation agreements The absence of a monitoring mechanism urgently requiring special legal provisions and consultations was confirmed.Ecological protection work in the United States,Japan,and France started earlier and has more experience in legislation and practice.The United States has rich legislation for natural resource damage compensation,and it is very common to settle environmental problems through reconciliation.It has detailed procedures and guarantee mechanisms.Japan has a mediation mechanism for mediation of disputes with mediation as the main means.France has fixed environmental policy in legal form through private consultation with the government.The above-mentioned countries have complete environmental legal systems,a clear range of subjects for consultations,complete consultation procedures,and sound public supervision channels,which can provide reference and reference for solving legal issues in China’s ecological and environmental damage compensation negotiations.It is suggested to solve the legal problems of China’s ecological and environmental damage compensation consultation through the following paths: construct a diversified negotiation body,including specifically expanding the scope of compensation obligations and unifying third-party regulations;and improving the consultation process,including adjusting the timing of consultations and expanding consultations The termination of the situation,the reasonable setting of the number and duration of consultations;the improvement of the supporting guarantee mechanism for consultations,including the clarification of the order of consultations and environmental civil public interest litigation,special legal provisions for the judicial confirmation of negotiation agreements,and the establishment of a supervision mechanism for consultations. |
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