生态环境损害赔偿磋商行为的性质认定及法典回应OACHSSCD

The consultation system for ecological and environmental damage compensation has established an innovative governance model in which the compensation claimant and the obligor engaged in equal consultations before applying for judicial confirmation.However,the complexity of its internal structure has given rise to theoretical misunderstandings and practical operational obstacles,rooted in the lack of doctrinal attention and clear delineation of the legal nature of the consultation behavior.Although consultations ex-hibit characteristics of negotiations,it is not homogeneous with civil acts founded on the principle of autonomy of will.Similarly,often led by administrative authorities,it differs from administrative adjudication or consensual administrative acts,which create legal rela-tionships directly through the dispositive expressions of will by administrative entities.In essence,the consultation process subjectively lacks the intent to directly confer rights and obligations for the compensation obligor,and objectively fails to directly produce legally binding effects.Its function is limited to facilitating factual agreement,and therefore,its legal nature should be classified as an admin-istrative factual act.Given the requirements of ecological civilization construction and the modernization of the environmental govern-ance system in the new era,the normative expression of consultation acts remains implicit in the newly promulgated Ecological and En-vironmental Code.The administrative factual acts should be fully reflected in subsequent judicial interpretations or supporting regula-tions.Specifically,institutional improvements should target the following three core objectives.Firstly,procedural fairness should be established as a mandatory constraint with detailed internal rules of consultation acts to ensure genuine agreements and public rationali-ty.Secondly,coordination among diverse environmental governance measures should be optimized to prevent resource inefficiency.Thirdly,judicial review should adhere to the principle of restraint,prioritizing voluntary application while focusing on both procedural and substantive legality in the conformation process.