Research On The Consultation System Of Compensation For Ecological Environment Damage In China

As a part of the whole ecological environment damage relief mechanism,the ecological environment damage compensation system,together with the environmental public interest litigation and the traditional administrative relief mode,plays the role of relieving the damaged ecological environment.In the reform of the system of compensation for ecological environment damage,consultation as a new way to confirm the responsibility of compensation for ecological environment damage is proposed,which establishes a new communication mode among the government,enterprises,experts and the public.However,as the consultation system is currently in the pilot stage of reform policy,its basic concepts are not clear,and the system framework still needs further pilot practice and gradual improvement.In order to give full play to the function of consultation system,this paper takes the consultation system of compensation for ecological environment damage as the research object.The first chapter analyzes the connotation of “ecological environment damage”,“ecological environment damage compensation system” and the basic concepts,principles,characteristics,functions and legal attributes of “ecological environment damage compensation consultation system”.In order to understand the implementation of the consultation system in China,the second chapter collects the relevant policy documents issued by the pilot provinces and cities,and makes a comparative analysis of the key parts,such as the main body,procedures,information disclosure and public participation,so as to prepare for the development of the consultation system.The third chapter deals with the problems existing in the consultation system of compensation for ecological environment damage.From the perspective of entity and procedure,this paper mainly analyzes the defects existing in the consultation subject,specifically the lack of supervision of the compensation obligee,the scope of the compensation obligor to be expanded,and the participation function of the third party in the consultation is unclear and lack of guarantee.On theaspect of procedure,it mainly discusses from the following aspects: different rules of procedure,narrow stage of application,and confusion of connection with related litigation.The last chapter aims at the questions raised in the previous chapter,and gives some suggestions based on the practical effect of the consultation system,so as to provide some ideas for the further improvement of the consultation system.