The Research On Consultation Mechanism Of Compensation For Eco-environmental Damage

General Secretary Xi Jinping pointed out in the report of the 19th National Congress of the Communist Party of China: there is a huge necessity to establish and implement the concept that green water and green mountains are the golden mountains and silver mountains,to adhere to the basic national policy of saving resources and protecting the environment.We should treat the environment like our life and make overall plans for the systematic management of mountains,rivers,forests,fields,lakes and grasses,and implement the strictest ecological environmental protection system.China began to establish a consultative system for compensation for ecological environmental damages in 2013.By 2017,this system has been officially promoted throughout the country.Although this system has been established,it still faces many disputes and questions,both in theory and in practice.In this context,this article will be mainly constructed in seven major parts.The first part will discuss the research significance of this article from the theoretical and practical levels,based on the summary of the research status at home and abroad.In theory,it will help to clarify the legal attributes and normative structure of this system;In practice,it is helpful to scan the practical experience and development prospects of the system.On this basis,the article will explain the innovation around the research perspective,research content and research conclusion.The second part will explain the consultation system of compensation for ecological environment damage.This part will start with the concept of "ecological environmental damage",compare the main differences between traditional ecological damage and pure ecological damage,and then carry out the interpretation of the text of the "Reform Scheme for the Compensation System for Ecological Environmental Damage" as the core.The third part will explain the legal attributes and characteristics of the consultation system in detail based on the interpretation of the text.In terms of legal attributes,there are three viewpoints in the theoretical level,one is "civil act theory",the other is "administrative action theory" and the third is "comprehensive investigation theory".After further analysis of the advantages and disadvantages of the three theories,the article points out that the consultation system has the dual attributes of private law and public law,and emphasizes that this system itself reflects the fusion of public and private law.Based on this,the article highlysummarizes the basic characteristics of the consultation system,that is,equality is the core,administration is the guarantee,prerequisite is the function,and individuality is the essence.The fourth and fifth parts will focus on deconstructing the normative structure of the consultation system.The article starts from the four perspectives of the principles,subjects,contents and procedures of the consultation,and on the basis of summing up the existing academic achievements and practical experience,it fully analyzes the standard structure,and puts forward the highlights and defects of the existing structure.Based on the successful experience of the European Union,the United States,and Japan,and the main shortcomings of the existing structure proposed in part five,the sixth and seventh parts propose four measures to further improve the existing institutional system,including The establishment of the concept of "sustainable development",the expansion of the scope of compensation for obligees and obligors,the establishment of scientific and reasonable assessment procedures and indicators and the establishment of an ecological and environmental damage compensation insurance and fund pool system.