Research On The Legal Issues Of The Negotiation System For Ecological Damage Compensation

Faced with the increasingly specialized,complicated and integrated form of ecological environment protection,the traditional imperative administrative regulation gradually reveals the problems of poor professional ability,low efficiency,few means of restoration,and poor compensation effect.In order to make up for this deficiency,the consultation system of compensation for ecological and environmental damage,as a new practice of environmental administration,comes into being.Based on the reform plan of the compensation system for the damage to the ecological environment,and focusing on the provisions of“Pre-consultation and judicial protection”,we can find out the problems of the present situation and the views of the academic circles,in the rising and developing stage,the consultation system of compensation for damage to the ecological environment still has some gaps or disputes in the aspects of goal control,nature orientation and judicial connection.First,the development and reform of compensation consultation system still lack of a clear objective guidance and control model.Secondly,there are still some confusions about the nature of the compensation negotiation and the agreement.Third,the compensation consultation system and the related judicial safeguard system connection existence lacks the legal basis and the unobstructed question.The existence of these problems is not conducive to the reform of the system and mechanism of ecological civilization,and does not meet the needs of the further development of the system of compensation for ecological environment damage.Therefore,this article mainly focuses on the objective control,the attribute characteristic and the judicial link-up of the ecological environment damage compensation system.First of all,clarifying and clarifying the legal government’s environmental quality responsibility is the right source of compensation consultation,we must give full play to the guidance of Environmental Quality Objectivism to the consultation system and the selection function of the total behavior control system under the total quantity control.Secondly,based on the guiding goal of fulfilling the government ’ s environmental quality responsibility,the characteristics of compensation consultation behavior,such as publicity and non-compulsion,are consistent with the nature of administrative factual behavior,the compensation consultation agreement is more suitable to the memorandum with the recording function from the view of the obtaining mechanism of its enforcement effect.Thirdly,in view of the reorientation of the Compensation Consultation Act and the nature of the agreement,the judicial convergence after the consultation process should be adjusted accordingly,to adjust the scope,mediation,jurisdiction and publicity procedures of judicial confirmation by consensus,the compensation litigation in the case of non-negotiation should be defined as a special environmental public interest litigation and the procedure should be improved.In short,the ultimate goal is to form an effective,well-defined and well-connected consultation system for compensation for environmental damage,thus contributing to the building of a beautiful China.