The current situation of serious pollution of marine ecological environment in China has put forward higher requirements for the public interest litigation system of marine ecological environment.At present,China’s marine ecological environment civil public interest litigation,administrative public interest litigation and criminal incidental civil public interest litigation are insufficient,which is not conducive to the use of judicial means to protect the marine ecological environment.This thesis comprehensively uses various paradigms such as normative analysis method,systematic research method and empirical research method to study and analyze the public interest litigation system of marine ecological environment at home and abroad,and put forward suggestions for improving China’s marine ecological environment public interest litigation.It has theoretical and practical significance for improving China’s marine ecological environment,protecting the public interests of the marine ecological environment,and realizing the judicial justice and efficiency value of the marine ecological environment.This thesis consists of five chapters except the introduction and conclusion.Chapter 1 "Basic Concepts,Types and Particularities of Public Interest Litigation on Marine Ecological Environment".Clarifying the relevant concepts of public interest litigation of marine ecological environment.On this basis,Clarifying the research connotation and extension of this thesis on the public interest litigation of marine ecological environment.The main types of marine environmental public interest litigation include: civil public interest litigation for marine ecological environment,civil administrative public interest litigation for marine ecological environment,and criminal incidental civil public interest litigation system.Compared with general environmental public interest litigation,marine ecological environmental public interest litigation has its particularity in marine ecological environmental damage,the role of the court and the jurisdiction court,the scope of eligible plaintiff,remedies and claims.Chapter 2 "The Theoretical Basis of Marine Ecological Environment Public Interest Litigation",including the general theoretical basis and special theoretical basis.The general theoretical basis of marine ecological environment public interest litigation includes the theory of "tragedy of commons",environmental rights,environmental equity and justice,environmental interests under environmental law,and the concept of ecosystem.The special theoretical basis of marine ecological environment administrative public interest litigation includes people’s sovereignty theory and power balance theory.The special theoretical basis of marine ecological environment criminal incidental civil public interest litigation includes the theory of ecological law interests of criminal law,maintaining criminal and civil legal order of marine ecological environment,etc.Chapter 3 "Research on Civil Public Interest Litigation for Marine Ecological Environment".Clarifying the characteristics of civil public interest litigation on marine ecological environment.On the basis of analyzing the status quo of civil public interest litigation on marine ecological environment at home and abroad,it is found that China’s marine ecological environment civil public interest litigation has deficiencies in terms of the plaintiff’s eligibility rules,the scope of claims,and the application of mediation and reconciliation in litigation.Then this thesis put forward suggestions for improving the marine ecological environment civil public interest litigation: in the aspect of improving the plaintiff’s eligibility rules,it demonstrated the necessity and feasibility of environmental protection organizations that meet the legal conditions as qualified plaintiffs,and proposed reasonable distribution of litigation rights of relevant administrative organs;In the aspect of re clarifying the scope of claims,this thesis analyzes the dispute on reasonably determining the scope of damages,and puts forward specific suggestions;On the basis of analyzing the applicable range of mediation and reconciliation in litigation,this thesis puts forward suggestions on improving the application of mediation,reconciliation and other procedures in civil public interest litigation of marine ecological environment.Chapter 4 "Research on Marine Ecological Environment Administrative Public Interest Litigation".This chapter puts forward the characteristics of marine ecological environment administrative public interest litigation.On the basis of analyzing the current situation of marine ecological environment administrative public interest litigation at home and abroad,it is found that there are deficiencies in the legal basis,plaintiff qualifications,and scope of acceptance of marine ecological environment administrative public interest litigation in China.Then,it puts forward some suggestions on the improvement of marine ecological environment administrative public interest litigation: It is suggested that the system of marine ecological environment administrative public interest litigation should be stipulated by law;In terms of improving the plaintiff qualification rules,it analyzes the necessity and feasibility of relaxing the scope of qualified plaintiff in marine ecological environment administrative public interest litigation,and puts forward specific suggestions for improvement;In terms of reasonable optimization of the scope of accepting cases,this thesis analyzes the necessity and feasibility of expanding the scope of accepting cases of marine ecological environment administrative public interest litigation,and puts forward the actionability of abstract administrative acts against the public interest of marine ecological environment.Chapter 5 "Research on Civil Public Interest Litigation Attached to Marine Ecological Environment Crime".It puts forward the characteristics and value of civil public interest litigation incidental to marine ecological environment crime.Based on the analysis of relevant system theory and practice,it is found that there are some problems in the civil public interest litigation incidental to marine ecological environment in China,such as the plaintiff’s subject rules,the jurisdiction of litigation cases,the application of litigation procedures,etc.Then the author puts forward some suggestions on the improvement of criminal incidental civil public interest litigation of marine ecological environment: Improving the rules of the plaintiff subject;The implementation of "three trials in one" is the key to the establishment of criminal incidental civil public interest litigation of marine ecological environment,and proposing to improve the jurisdiction rules of relevant cases;Improving the application of relevant litigation procedures. |