Research On The Ecological Environment Damage Compensation Consultation System In China

Under the backdrop of comprehensively promoting the construction of a rule of law country and ecological civilization,the awareness of protecting ecological environmental interests has gradually become prominent,and the consultation system has also been widely discussed in the academic community.As the primary link of the ecological environment damage compensation system,consultation is of great significance in solving the problem of ecological environment damage compensation,greatly improving the efficiency of ecological environmental remediation and saving judicial resources.The study used case analysis,literature research,and comparative research methods to clarify the definition and theoretical basis of consultation,analyze the evolution of China’s consultation system,the current situation of judicial practice,and existing problems.It introduced advanced practices of the United States,the European Union,and Japan on ecological environment damage compensation consultation,and finally proposed improvement suggestions,which are conducive to solving the problems of narrow scope of consultation subjects and non-standard judicial confirmation procedures,Promote the legislative improvement of China’s consultation system and improve the level of the rule of law country.Studies suggests that ecological environmental damage should be a simple damage to environmental interests,and the consultation system is a system where compensation rights holders and obligations holders negotiate equally on issues such as appraisal and evaluation reports,restoration plans,and compensation liability,and ultimately reach a consultation agreement to maintain ecological environmental interests.It is more reasonable to differentiate and analyze the legal nature of negotiations and identify them as administrative actions.The theoretical foundations of the consultation system include ecological environment theory,environmental justice theory,national natural resource ownership theory,and public trust theory.By analyzing the changes in the consultation system at the national and local levels,as well as statistical analysis of data on the level and type of compensation rights holders,participation in third-party entities,level of jurisdiction courts,and determination of the legality of negotiation agreements in judicial practice cases,it can be found that China’s consultation system still has the following problems: narrow scope of compensation subjects,unclear role of negotiation third-party parties,late initiation of negotiations The frequency and deadline are not unified,the judicial confirmation system is not perfect,and the supervision mechanism is not sound.Afterwards,an introduction was made to the ecological and environmental damage compensation systems in the United States,the European Union,and Japan,and the inspiration and reference value for China was proposed: refining legal provisions for consultation,improving consultation procedures,and strengthening public participation.Finally,based on the above,suggestions are proposed to improve the consultation system for ecological and environmental damage compensation in China: in terms of consultation subjects,improve the provisions for compensation rights subjects,expand the scope of compensation obligations subjects,and unify the scope of third-party consultation subjects;In terms of negotiation procedures,advance the start time of negotiations,unify the number and duration of consultations;In terms of compensation mechanism,improve the judicial confirmation system and establish a supervision mechanism.