深化细化优化生态环境损害赔偿工作|损害赔偿《意见》专家系列解读

Core Viewpoint - The decision from the 20th National Congress of the Communist Party emphasizes the need to advance the ecological environment damage compensation system, guiding the reform direction and raising higher requirements for the implementation of the system [1] Group 1: Deepening Procedural Coordination - The "Opinions" highlight procedural coordination as a key focus throughout the ecological environment damage compensation process, aiming to streamline various procedures such as administrative enforcement and litigation [2] - Specific provisions are made to avoid redundancy in the claims process, stating that if ecological damage has been repaired through other means, it will not initiate a claim [2] - The "Opinions" enhance the connection with administrative enforcement, including new measures such as using administrative enforcement materials as evidence for claims and forming joint investigation teams [2] Group 2: Strengthening Connections with Environmental Public Interest Litigation - The "Opinions" strengthen the connection with environmental public interest litigation, establishing new regulations for communication and support between the People's Procuratorate and the compensation process [3] - It allows for the participation of the People's Procuratorate in compensation negotiations and provides for their involvement in supervision during restoration [3] Group 3: Refining Regulatory Interpretations - The "Opinions" provide more operational standards for three types of cases defined in the management regulations, particularly clarifying the criteria for "significantly minor" damage cases [4] - It specifies that cases with minimal damage or no significant impact can be exempt from initiating claims, while also outlining exceptions where claims must still be initiated [4] Group 4: Optimizing Case Handling - The "Opinions" introduce new measures to improve the quality of handling ecological environment damage compensation cases, including setting reasonable investigation timelines and utilizing various technical methods [7] - It encourages local authorities to develop specific guidelines for damage assessment and emphasizes the need for clear reporting on the feasibility of ecological restoration [7] - The "Opinions" also detail the process for negotiation and judicial confirmation of compensation agreements, ensuring timely litigation if negotiations fail [7] Group 5: Enhancing Restoration Efforts - The "Opinions" introduce new content regarding alternative restoration, clarifying that restoration efforts can be organized by designated departments when the responsible party cannot fully restore the damage [8] - It encourages the establishment of a project library for alternative restoration and emphasizes the importance of community involvement in selecting projects [8] Group 6: Overall Impact of the Reform - The ecological environment damage compensation system has evolved over the past decade, with increasing levels of scientific and legal sophistication, playing a more significant role in ecological damage relief [9] - The introduction of the "Opinions" marks a new phase in advancing the reform of the ecological environment damage compensation system through procedural coordination, regulatory refinement, and case handling optimization [9]