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

The ecological environment damage compensation system has been put into practice nationwide since 2018 and the principle of "active consultation and judicial protection" has been formally established in two successive plans according to the policy of government.The consultation procedure has therefore changed from the original optional procedure to the pre-litigation procedure.This paper has analyzed Rules on hearing cases of compensation for ecological environment damage,issued by the Supreme Court on June 5th,2019 and some typical cases in the reform and other relevant data,and found that consultation system had already been applied for compensation cases of ecological environment damage in many regions,which manifest the superiority of consultation system as an alternative way of dispute resolution and its unique importance in the governance of ecological environment.However,as a new method of environmental governance,the construction of the framework of the consultation system is still in its initial stage,and that says,it is still lack of effective legislative norms to implement.Given the current legislative situation and the practice of local provinces and cities,it is not difficult to find that there are still some deficiencies as follows in the consultation system of China on the ecological environment damages compensation: the coverage of bodies included in the consultation process is insufficient;the starting time and time limit of consultation are not clear;the specific rules of consultation and litigation link-up mechanism are different;the detailed rules for consultation is not flawless;and the supervision mechanism of consultation process needs further improvement.Therefore,this paper has summarized the legislation and practice cases of the pilot provinces and cities,and absorbed relevant experience from other countries,and put forward the following feasible suggestions: expand the coverage of consultation participants properly and make the order of participants clear;confirm the consultation time and the time limit according to the features of each case;clarify the sequence of the parties involved in the consultation,and on which conditions the consultation shall be turned to lawsuit;improve the mechanism for the appraisal and assessment of environmental damage and innovate the way of assuming and carrying out responsibilities,;smooth the judicial confirmation procedure of consultation agreements;From different consultation participants to improve the consultation process of the operation of the supervision mechanism.