Use And Perfection Of Consultation System For Compensation Of Ecological Environment Damage

As a new direction to explore environmental governance in China,the normative construction and good development of the consultation system of ecological environmental damage compensation will help to give full play to the advantages of administrative treatment,save judicial resources and achieve the goal of good environmental governance.With the rapid development of the consultation system of ecological environment damage in recent years,in the theoretical research level,closely following the practical needs,the academic circles have conducted a lot of research on the disputes in the consultation system of ecological environment damage compensation,mainly focusing on the debate on the nature of the consultation system of ecological environment damage compensation,That is to say,is the consultation system of compensation for ecological environmental damage civil legal nature or administrative legal nature.However,from the practice of the consultation system of compensation for ecological environment damage,the theory of administrative nature and the theory of civil nature can not justify themselves.Referring to the German two-stage theory,the negotiation system of compensation for ecological environment damage has the characteristics of both public law and private law.The whole negotiation process of compensation should be divided into two stages: the first stage is the investigation and evaluation led by the administrative organ,because its administrative leading attribute belongs to the scope of public law;the second stage is the negotiation and collegiate process based on the equal status of the participants Freedom of will and other private law attributes belong to the scope of civil law.In practice,on the basis of the reform plan for the system of compensation for ecological environment damage,all provinces and cities actively formulate consultation methods and refine the consultation system according to local conditions;The practical application of the consultation system is not limited to the provinces and cities of the pilot reform,and other regions have also actively explored the practice of ecological environment damage compensation consultation.However,through the empirical investigation and application analysis of many cases of eco-environmental damage compensation negotiation,it is found that there are many contradictions and deficiencies in both the normative level and the practical application.The specific performance is as follows: the supervision mechanism is not perfect after the negotiation process and negotiation agreement are completed;The third party involved in the negotiation is not standardized;The lack of public participation.The application and improvement of the consultation system of ecological environmental damage compensation should be based on the analysis of typical cases and the consultation methods issued by various provinces and cities,and referring to the German two-stage theory,the countermeasures should be put forward: the court should not be allowed to participate in the consultation process of ecological environmental damage compensation as a neutral third party,at the same time,through the environmental information disclosure system Finally,we should reasonably arrange the order of the environmental civil public interest litigation initiated by the government and social organizations,so as to coordinate the order between the negotiation process and the environmental civil public interest litigation.