Study On Consultation System Of Compensation For Ecological Environment Damage

Ecological environmental damage is a series of adverse changes in environmental factors and biological factors caused by environmental pollution and ecological destruction,and also includes the degradation of ecosystem functions caused by changes in the above factors.Compensation for damage to the ecological environment refers to the restoration or compensation of the damaged ecological environment by the person who caused the environmental damage,which is conducive to fulfilling the responsibility of the damager and protecting the production and living environment of the masses.Negotiation is a new thing in the reform of my country’s ecological and environmental damage compensation system,which means that the compensation right holder and the compensation obligor negotiate to reach a negotiation agreement to achieve the purpose of restoring the environment or compensating for environmental damage.The following problems still exist in the consultation system: first,the legal nature of the consultation has not been clarified,and there are currently three viewpoints: the theory of civil behavior,the theory of administrative behavior,and the theory of compromise;second,the scope of consultation subjects is unreasonable,which is reflected in the scope of compensation obligors narrow and unclear legal status of the third party;third,the timing of the negotiation was inappropriate,and the legal provisions were not clarified;fourth,the judicial confirmation system was not standardized,only formal review was conducted,and the specific rules were not clear;fifth,The connection between consultation and environmental public interest litigation is not smooth,which is not conducive to the timely and effective restoration of the ecological environment.This paper studies the negotiation system of ecological damage compensation,sorts out the evolution of the negotiation system and the progress of practice,and analyzes the research results of relevant experts and scholars.On this basis,it puts forward some optimization suggestions for the theory and practice of the negotiation system.This article is divided into three parts:The first part outlines the negotiation system for ecological damage compensation.By analyzing a series of normative documents issued by the central government and the progress ofpractice,this paper discusses the concept,characteristics and institutional composition of consultation.Among them,consultation refers to the process of negotiating between the right holder of compensation and the obligor of compensation,reaching an agreement on restoration or compensation,signing an agreement and conducting judicial confirmation.The negotiation has the precondition of initiation,the specificity of the subject and the priority of efficiency.Secondly,it analyzes the system composition of consultation from three aspects:principle,subject and content of consultation.The second part analyzes the problems existing in the consultation system.Through consultation on the evolution of the system,it is found that there are problems with unclear and unreasonable regulations.Specifically,it includes:first,the legal nature of the negotiation has not been clarified,and there are currently three viewpoints:the theory of civil behavior,the theory of administrative behavior,and the theory of compromise;second,the scope of the negotiation subject is unreasonable,which is manifested in the narrow scope of compensation obligors and third parties.The legal status is unclear;third,the timing of the negotiation is inappropriate,and the legal provisions have not made it clear;fourth,the judicial confirmation system is not standardized,only a formal review is conducted,and the specific rules are not clear;fifth,the consultation and environmental public welfare The connection of litigation is not smooth,which is not conducive to the timely and effective restoration of the ecological environment.The third part puts forward the perfect countermeasures for the negotiation system of ecological environment damage compensation.Regarding the unclear and unreasonable regulations,this paper tries to put forward the following suggestions:First,clarify the legal nature of negotiation,analyze why the negotiation has the nature of private law in form,and why it is still of the nature of public law in essence,and proposes to combine the nature of public law with the nature of public law.Countermeasures and suggestions that combine private law;second,improve the provisions on the subject of negotiation,put forward suggestions to include indirect responsible persons in the scope of compensation responsible persons,and reasonably classify third parties;Smooth development,diversify responsibilities,and advance the timing of initiation;fourth,improve the judicial confirmation system for consultation,establish a substantive review system for judicial confirmation,and clarify the specific rules for judicial confirmation:fifth,clarify the application order of consultation and public interest litigation,establish a public notice period system,and establish the principle of priority consultation.