Ecological environment damage compensation consultation procedures and third parties intervention
June 24, 2020 09:12 Source: "China Social Sciences" June 24, 2020 Total 1954 Author: Wang Zhongqi

early June 2019,The Supreme People's Court issued the "Several Provisions on Hearing Ecological Environment Damage Cases (Trial),The first provision of the judicial interpretation,"If the negotiation is not reached or unable to negotiate,You can mention the compensation lawsuit of ecological environmental damage "。This article clearly stipulates that consultation mechanisms for the pre -non -litigation dispute resolution of negotiations as such lawsuits,Determined negotiations for ecological environmental damage compensation have become necessary procedures for pre -lawsuit。The particularity and complexity of environmental damage -based cases,The consultation procedure is limited to the lack of effective third parties involved in compensation right holders and obligations、Judgment、Guidance,So,The negotiation dialogue between the two parties and the normal advancement of the program will not only be hindered,It may even cause the consultation procedure to become a "deliberate" dialogue。Therefore,Third -party intervention is necessary for this system。

  bet365 Play online games Non -litigation dispute resolution mechanism is different based on the degree of "absolute neutrality and guidance" of third parties,evolved different procedures。The original third party of non -litigation procedures,Exist with its absolute independence,The role played is only based on intermediary functions。In -depth research of "evaluation concepts" with non -litigation procedures,Non -litigation procedures Involve in third parties to gradually develop guiding function,During the continuous research and practice process,Derivative "Evaluation Non -Procedures"。During the continuous strengthening of third -party guidance,"Judgment Non -Procedures" appeared,This type of program is farther with the initial concept,The conditions used are also more stringent,Its specific procedures need to be stipulated by law,or the parties clearly agreed。Third -party intervention in the above three types of programs,Different non -litigation dispute resolved based on different attributes。

Non -litigation solution mechanisms for environmental pollution disputes that generally occur in the people usually belong to specialty non -appeal procedures,For ecological environmental damage compensation compensation system,Different from general environmental pollution disputes,Public welfare for environmental protection and restoration、Taking the administrative organs as a representative of the compensation rights and other reasons,Ecological damage consultation also has a certain complexity of administrative and folk nature,The discussion procedures of the current practice are mostly compound participation,Including public power agencies、Folk organizations and other aspects of composition elements。

As for the third -party model selection of the current ecological environmental Bet365 app download damage compensation consultation,What direction is it preferred between "absolute neutrality" and "guidance",or,It should be applied or more biased towards "what procedures for" adaptive non -litigation procedures "," evaluation non -litigation procedures "and" trial non -litigation procedures ",Selection and recommendation part of the following mode will be analyzed。

  2. my country's ecological damage consultation third parties intervene in the current situation.Current,my country's relevant laws and regulations have not made clear rules on the third party intervention in the discussion procedure in the compensation procedure of ecological environmental damage,But in practical operations,Most of them have selected citizens、Social organizations or government agencies as third -party intervention consultations。In related cases,The third party usually involved in the consultation is about the following three categories: first,Law experts、Lawyer or Lawyer Association。2,Public power organs。In the current ecological environmental damage compensation consultation case,The compensation right holder of the government participates in the consultation procedure is usually the Environmental Protection Bureau,Government agencies participating as third parties,Most of them in practice are the procuratorate。third,Community masses or civil organizations。Compared to the previous two,This kind of personnel's understanding of cases and related laws and regulations is not professional,But it plays an extremely important public participation supervision role,It is also widely applicable in practice。

bet365 best casino games Actively practice consultation methods in various provinces and cities,In the process of promoting the implementation consultation procedure,The third parties involved in the intervention are not limited to the above types,The participation of the interventional subject is usually not independent,but mixed。Different subjects intervention,For the advancement of consultation procedures,There are different advantages and defects。

  3、Ecological environment damage compensation consultation third -party intervention model selection and construction。At present, there are no organizations that are specifically conducted on negotiations that are specifically specifically for negotiations on the dispute litigation of ecological environmental damage.。Therefore,Determination of the nature of the third -party mode、The choice subject of a third party and the establishment of the third party,All are worth exploring。

(1) Selection of mode。The choice of negotiation procedure and third -party intervention mode determines its degree of intervention and its position and role in the program。Non -litigation dispute resolution mechanism is different based on the degree of "absolute neutrality and guidance" of third parties,evolved different procedures。From the initial third party's intervention, it exists with its absolute independence,Gradually developing guidance functions to third parties,Derivative "Evaluation Non -Procedures",After developing to "Judgment Non -Procedures"。Analysis of a two -way angle from the third -party mode selected,On the basis of considering the stability of the procedure and denying the nature of negotiation and judgment,Decreased negotiations between the two parties for both parties,Reasonable allocation of procedures and the bet365 live casino games rights and obligations in the entity,Establish a partial evaluation non -litigation dispute resolution mechanism with a more instructive third party to intervene in。I think,"Leading Evaluation Non -Prosecution" is more applicable in the negotiations of ecological environmental damage compensation,The choice of this mechanism not only effectively solves the disadvantage of absolute neutrality,At the same time, it also overcomes the defects of strong judicial intervention。

(2) The choice subject of a third party。In the negotiations of ecological environmental damage compensation,Generally speaking,The choice of third parties is determined by the subject of compensation rights, namely the subject specified in the "Judicial Interpretation"。In the current practice,Each organization or individual involved in a third party is indeed invited by the Environmental Protection Department。Equality based on legal procedures、Pursuit of legitimacy,​​It should also give the damage party a certain right when choosing a third party,This can better reflect the equal status of both parties。

(3) The establishment of a third party。In the System of Ecological Environmental Damage Compensation Council,In the System of Ecological Environmental Damage Compensation Council、The complexity of the case,The third party status in its consultation procedure is based on neutrality,It has a certain degree of guidance。At the same time,The third party involved in the consultation does not participate in a single subject in the consultation link,It should be composed of multi -party subjects,bet365 Play online games Different participants have different functional effects。Therefore,How to weigh its composition is necessary。The first category is a lawyer or a lawyer organization,The second category is the procuratorate,The third category is judge,The fourth category is the people and various civil organizations。Except the above subject,There are also representatives of the People's Congress Environmental Resources Committee as a third -party intervention subject。

To sum up,The relatively feasible and necessary third -party intervention composition mode,The lawyer should be the main body,Supplemented by the Procuratorate、Public or private organizations and other parts of the third -party intervention system involved in multiple parties,strive for procedure、Promotion and guarantee in the essence of essence。At the same time,For ecological environmental protection organization,Investment intensity should be increased,On the one hand, it supports the establishment of a lawyer organization that is similar to the ecological environment mediation committee,On the other hand, support the construction of a folk environmental public welfare organization。

  (This article is the exploration of the "Ecological Environmental Damage Compensation Counseling and License Connection Mechanism -Taking the Practice of Jiangsu Province as an example" in Jiangsu Provincial College Student Innovation Project)

(Author Unit: School of Law of Hohai University)

Editor in charge: Wang Ning
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