Discrimination and development of legal character of eco-environment damage compensation consultation
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D922.68;D922.112

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    Abstract:

    In virtue of the equal-footed consultation means in the field of private law,eco-environment damage compensation consultation system achieves its goal of innovation of administrative power exercising mode in process of environmental public governance,and it also provides the government an opportunity to introduce the transformation of contractual public-private partnerships in the process of executing the administrative function of environmental protection.Mainstream theory deems that compensation consultation is purely a civil act in private law or a special civil act in private law which relates to some public law elements,which constitutes a misunderstanding of compensation consultation.This misunderstanding is derived from the fact that method-oriented researchers and subject-oriented researchers make a mistake in distinguishing the relationship between ends and means of consultation and the boundary of public interest and private interest.Accurately understanding the paradigm shift of cooperative governance under the trend of administrative democratization reform and dividing the model of compensation consultation into three stages will be conductive to objectively reflecting compensation consultation's nature of administrative act of public power.To inspect the mapping relation between administrative contract and consultation agreement which served as the achievement form of compensation consultation based on administrative contract theory will provide a new method to discriminate the administrative act nature of compensation consultation.

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郭海蓝,陈德敏.生态环境损害赔偿磋商的法律性质思辨及展开[J].重庆大学学报社会科学版,2018,24(4):175~186

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History
  • Received:April 09,2018
  • Revised:April 09,2018
  • Adopted:
  • Online: June 08,2018
  • Published: