Research On The Consultation System Of Compensation For Ecological Environment Damage

With the continuous development of social economy and the continuous adjustment of economic structure,my country’s ecological environment is also facing new challenges.Environmental damage cases have increased year by year in recent years,and the rapid increase in cases has made it impossible for judicial organs to handle relevant disputes in a timely and effective manner.In order to make up for the lack of traditional environmental infringement remedies,achieve a balance of interests,and maximize the value of the ecological environment damage compensation consultation process,this article discusses from the following parts:The first part of this article mainly discusses the concept of ecological environment damage compensation consultation.First,clarify its related concepts and characteristics.Secondly,it analyzes the determination of the legal nature of the ecological environment damage compensation consultation by the theoretical circle,and elaborates the viewpoint of the concept of the legal nature of the ecological environment consultation that the consultation is a special civil act,which has both the nature of public law and private law.Third,it outlines the function of ecological environment damage compensation consultation.Finally,it analyzes the feasibility of ecological environment damage compensation consultation from two parts: theoretical basis and practical basis,and then analyzes its necessity.The second part of this article mainly analyzes the status quo of domestic ecological environmental damage compensation consultations.First,analyze the current status of the text and practice in my country,compare the status of the text at the national level and the local level,and then discuss successful cases,partial success cases,and failure cases on the current status of practice.Secondly,it mainly analyzes the reasons for the predicament of my country’s ecological environment damage compensation consultation.The first is the lack of top-level design and the lack of comprehensive and unified specific legal rules;the second is that the specific rules of the consultation procedure are not refined,which specifically refers to the lack of clarity in the initiation of the consultation procedure,the ununified rules of consultation and negotiation,and the lack of a sound mechanism for the follow-up negotiation;The third is the lack of public participation.The third part of this article mainly explores the consultation system of compensation for damage to the ecological environment outside the territory.Focus on the analysis of the United States’ natural resource damage compensation consultation rules with damage assessment as the core,Japan’s mediation-based pollution adjustment committee system,and the European Union’s environmental responsibility directives focusing on pre-prevention and control and post-remediation.Finally,it summarizes the impact of the extraterritorial ecological and environmental damage compensation system on my country Inspiration.The fourth part of this article is the operational feasibility and universal perfection suggestions of the ecological environment damage compensation consultation system.In view of the analysis of the reasons for the predicament of my country’s ecological environment damage compensation consultation,three suggestions are made.The first is that the laws and regulations on the negotiation of compensation for ecological environmental damage should be improved so that the compensation right holders have the law to follow when making claims.The second is to refine the specific rules of the negotiation process,specifically referring to clarifying the initiation requirements of the negotiation process,formulating unified and specific negotiation and negotiation rules,and improving the follow-up connection mechanism of the negotiation.The third is to implement public participation,improve public participation methods,and strengthen public supervision.