| With the deepening of ecological civilization construction,ecological and environmental issues have attracted more and more attention,related laws and regulationsand systems have also been followed up,and national governance capacity have been steadily increased.The "Eco-environmental Damage Compensation System Reform Plan" has established a system for the government to make claims for ecological environmental damage(hereinafter referred to as the "ecological damage compensation system"),which not only expands the scope of environmental benefit protection,but also strengthens the scope of environmental damage claimant.Based on public interest litigation initiated by social organizations and procuratorial organs,the provincial and municipal administrations have the right to claim for ecological damage,aiming to make up for the lack of environmental administration,increase environmental protection,and balance the allocation of administrative and judicial resources.As a public product,the local government,the public affairs manager,is responsible for monitoring and protecting the ecological environment.The ecological damage compensation system is the whole process from ecological damage investigation and assessment to ecological restoration.As the compensation right holder,the local government leads the development of ecological damage compensation and restoration work throughout the whole process.Plays its own role in each stage,exercises its own power or rights,and its legal status also changes accordingly.Specifically,at the stage of ecological damage investigation and assessment,the local government,as the main initiator,intervenes in the investigation and assessment process as soon as possible,organizes damage investigation,appraisal and evaluation,and creates recovery plans in order to create a scientific basis for later claims.In the negotiation stage,the local government,as the administrative negotiator,negotiates with the indemnity obligor in order to quickly and efficiently reach a compensation agreement.In the litigation stage,the local government,as the plaintiff of the litigation,protects environmental interests through judicial procedures,which is not only to fulfill the obligation of environmental protection,but also to implement the right of government claims.In the restoration stage,the local government organizes ecological restoration work if the indemnity debtor fails to meet the recovery obligation.This is not only the responsibility of supervision and management,but also the practice of the restoration system.The expected design of the ecological damage compensation system is based on the local government to realize the compensation and restoration of ecological damage to the environment.However,this system ignores the diversification of the role of local government itself,the impact of theoretical disputes on practice,the inconsistency of laws and regulations,and the unsmooth connection with other environmental relief systems.influences.In practice,local governments lack the management of appraisal and evaluation agencies,and there is a lack of unified legal norms in legislation,which makes local government management absent;in the negotiation stage,the relationship between negotiation and public interest litigation is not clear,and the role of local government administrative negotiator is not clear.Will be affected by public interest litigation initiated by social organizations;in the litigation stage,the source of the local government plaintiff’s rights is disputed and the role of the plaintiff is suspected of being an offside social organization;in the restoration stage,the local government’s role as a repairer and its supervisory and representative role.The confusion of the performer’s role has shaken the role of the local government on behalf of the restorer.These problems together led to the absence,offside and dislocation of the role of local government.When the ecological damage compensation system is still immature,it is necessary to address the obstacles encountered by local governments at various stages,starting from the analysis of the theoretical basis of system refraction,taking the role of local governments as the logical main line,and strengthening the legislation to improve the appraisal and evaluation institutions.Coordinate the sequence relationship between public interest litigation and ecological damage compensation consultation and litigation;constructing multiple subject co-governance methods to dredge,and realize the self-consistent and connection of the dual dimension of theory and practice.Let the local government be in its place,seek its own government,and better promote the operation of the ecological damage compensation work,achieve the purpose of ecological restoration and protect the beautiful homes on which we depend. |
