【摘要】 磋商是行使行政职权、救济海洋生态损害的重要手段,磋商有其自身的优势,其是海洋主管部门主动作为、非强制性的行为,给予赔偿义务人表达意愿的机会,便于后期主动履行赔偿协议。海洋环境监督管理部门应依法履行职责,根据生态损害的情况,将磋商作为海洋生态损害赔偿诉讼的前置程序,磋商中有关鉴定评估的意见、双方当事人认定的事实在诉讼中可以作为裁判的依据,目的在于及时推动海洋生态修复。海洋主管部门运用磋商有效解决海洋生态损害赔偿纠纷,有赖于该制度的实体法和程序法内容明确。更多还原

【Abstract】 The consultation is an important means of exercising administrative functions to relieve marine ecological damage. Meanwhile,consultation has its own advantages, for it is the initiative of the marine authorities, non-mandatory behavior, giving the indemnity obligor an opportunity to express their will, in order to facilitate the implementation of the compensation agreement in the future. The marine authorities should perform their duties actively, not only taking the consultation as a pre-procedure for the compensation litigation of the marine ecological damage, but also taking the opinions on appraisal and the facts ascertained by both parties as the basis of judgment in the related lawsuit, so as to promote marine ecological restoration in time. The use of consultations by the marine authorities to resolve marine environmental disputes effectively relies on the clarity of the content of both the substantive and the procedural laws of the system.更多还原