Study On Consultation System Of Compensation For Ecological Environmental Damage In China

The "Consultation on Compensation for Ecological Environment Damage" was first proposed by the "Experiment Formula for the Innovation of the Restitution Institution for Ecological Environment Damnification" issued in 2015.Subsequently,the system was implemented in seven designated regions across the country.After two years of practice,in2017,the "Formula for the Innovation of the Restitution Institution for Ecological Environmental Damnification" was issued,which pointed out the procedural requirements of "consultation in advance",and also made general provisions on the relevant procedures of consultation.The newly issued Regulations on the Administration of Restitution for Ecological Environmental Damage in 2022 has more detailed provisions on the number,duration and termination of negotiations.After the development in recent years,the domestic negotiation institution for ecological environmental damage amends has achieved certain results in both theoretical research and practice.However,the nature of the consultation is not clear,and there are still defects in the system design.Facing the current shortcomings of the system and improving it is a necessary prerequisite for promoting the development of consultation.This thesis takes the negotiation on satisfaction for damage to the ecological environment as the research object,discusses its basic theory,analyzes its shortcomings in combination with the current legislative and judicial situation in China,and draws on the legislative experience of relevant systems abroad,and accordingly advances targeted proposals for the improvement of the consultation system in China.The first part of this thesis is the introduction.It introduces the background of the establishment and implementation of the consultation system and the significance of studying the system,and summarizes the research status at home and abroad to accumulate theoretical materials for this thesis.The second part discusses the basic issues of the consultation system.It expounds the basic concept,nature and theoretical basis of the consultation system.The academic debate on the legal nature of consultation is analyzed,mainly focusing on the discussion of whether consultation is a civil act,an administrative act or both.The theoretical basis for supporting the view is the theory of national ownership of natural resources,public trust and consultative democracy.The third part summarizes the problems of the domestic consultation system by analyzing its legislative and judicial status.Facing the problems of incomplete consultation subjects,incomplete consultation appraisal and evaluation procedures,non-standard judicial affirmation specification of negotiation protocol,defective consultation supervision mechanism and unclear sequence with litigation are the prerequisites for grasping the future development direction of the consultation system.The fourth part is the analysis of the extraterritorial consultation system.Through a comparative study of the corresponding institutional norms of the United States,Japan and France,we can extract the experience that China can learn from.The fifth part is the suggestions to improve the consultation system.First,improve the provisions on the subject of consultation,broaden the scope of the subject of consultation,and ensure the effect of third-party participation;Second,introduce the cooperative appraisal and evaluation system to reduce the probability of objection of the compensation obligor to the appraisal and evaluation conclusion,and improve the appraisal and evaluation objection procedure to ensure the relief of the parties;Third,we should improve the judicial notice system of the consultation covenant from two directions: standardizing the judicial confirmation procedure and broadening the relief channels after the confirmation of the invalid negotiation agreement;Fourth,explore diversified supervision methods and strengthen the supervision of both parties;Fifth,we should build a reasonable negotiation-litigation linkage mechanism to ensure that social organizations can provide practical rules to regulate environmental civil public interest litigation at any link of the consultation.