An Empirical Study On Judicial Confirmation Of Negotiation Agreement For Ecological Damage Compensation

This paper discusses some important issues of judicial confirmation of the consultation agreement on compensation for ecological environmental damage in China.The reform of ecological civilization system is in full swing,and the establishment of ecological environment damage compensation system is an important part of it.Around this task,the state issued a series of policy documents.The consultation system of ecological environment damage compensation was first put forward in the pilot program of ecological environment damage compensation system reform issued by the General Office of the CPC Central Committee and the State Council in 2015.The consultation agreement reached under the practice of the consultation system is the key basis for the repair and compensation work.In order to ensure the implementation of the agreement and endow the negotiation agreement with enforcement power,Guizhou Province has innovated and applied the judicial confirmation system in practice.Two official documents,the Programme for the Reform of the System of Compensation for Ecological Environmental Damage and the Provisions of the Supreme People's Court on the Trial of Cases of Compensation for Ecological Environmental Damage(Trial Implementation),have written into the judicial confirmation system,and in practice throughout the country,more typical cases have emerged.However,as my country's ecological environment damage compensation system has just started and is still in the exploratory stage,the application of the ecological environment damage compensation consultation agreement judicial confirmation system implies some shortcomings and contradictions,and it cannot be completely incompatible with the current law.Sewing convergence.This paper is divided into four parts: the first part introduces the basic connotation and background of the consultation system of ecological environmental damage compensation from the macro angle and the whole,the current system regulation and practice condition of the judicial confirmation of the consultation agreement;the second part divides the 12 typical cases into two categories: judicial confirmation and other ways to guarantee the implementation of the agreement.Through combing the typical cases,this paper analyzes the procedure and legal basis of the judicial confirmation system and the specific contents of the legal application of the consultation agreement on ecological environmental damage compensation;In the third part,the author concludes that the nature of the consultation agreement is controversial,the review criteria of the consultation agreement,the res judicata of the consultation agreement and the unsound remedy.