As the pre procedure of ecological environment damage compensation litigation, negotiation system not only makes up for the deficiency of traditional relief methods in the field of ecological damage, but also effectively improves the efficiency of repairing the damaged environment. However, there are still many problems in the practice represented by the "ten typical cases of consultation" published by the Ministry of ecology and environment, including the unclear scope of the consultation subject, the inappropriate starting time of the consultation, the nonstandard judicial confirmation system of the consultation, and the unsmooth connection with the environmental civil public interest litigation. Therefore, it is necessary to optimize the system by clarifying the classification criteria of negotiation subjects, exploring the appropriate opportunity for negotiation initiation, improving the judicial confirmation system of consultation, and clarifying the application order of consultation and justice. |