| In 2017,the Ecological Environment Damage and Compensation System Reform Program was issued,and the rules of compensation for ecological environment damage were initially established.There are two relief methods for ecological environment damage:litigation and consultation.However,judicial proceedings wouldn’t be conducive to the timely restoration of the ecological environment by considering it is complicated and time-consuming.Therefore,the "pre-consultation" procedure is proposed.Since the nature of agreement reached by negotiating belongs to the civil nature,lacking the force of enforcement itself.The Reform Program proposes to apply People’s Court for judicial confirmation in accordance with the Civil Procedural Law,so as to grant the compensation agreement enforcement power.The provisions of the judicial confirmation procedure in the Civil Procedural Law are designed to guarantee the effectiveness of the People’s mediation agreement.The compensation agreement and the mediation agreement both belong to civil nature and need to be granted enforcement power through the judicial confirmation procedure.However,there are many differences between the two.This kind of "borrowlism" ignores the complexity of environmental consultation,which makes a current situation: whether in the issued consultation documents or in the practice of environmental consultation,the pilot provinces and cities neither refer to the provisions of judicial confirmation procedure in the Civil Procedural Law,nor reach a new unification.The main reason for this result is that the judicial confirmation procedure of the compensation agreement is lacking in legislation,and the provisions in the judicial confirmation procedure of mediation agreement can not be fully applied to the field of environmental consultation.More over,as a policy document,the Reform Program can not be stipulated in detail.The judicial confirmation procedure of compensation agreement also faces various difficulties in its practical application.The review of judicial confirmation relies on the results of environmental consultation,and has gradually become a puppet who takes responsibility for the government.In order to solve the problems existing in the judicial confirmation procedure of compensation agreement,we must perfect it from the legislation,which includes improving the jurisdictional system,perfecting publication procedure,perfecting the content of judicial review to support the substantive examination in court,adjusting the time of application and review of judicial confirmation,and clarifying the invalid review results of judicial confirmation.The study on the judicial confirmation procedure of ecological environmental damage compensation can not only further improve the judicial confirmation system itself,but also promote the continuous improvement and perfection of ecological environmental damage compensation system. |
