On The Integration Of Ecological Environmental Damage Compensation Litigation And Environmental Civil Public Interest Litigation

The investigation of ecological environmental damage compensation lawsuit and environmental civil public interest litigation should be rooted in the following three aspects:the research results and prospects of the existing theory,the current status and deficiencies of the current system itself,and the experience and predicament of judicial practice.Based on the legislative status,judicial practice and basic theory of the two litigation systems,this paper explores the problems existing in the current public interest litigation system,and tries to find some conflict resolution strategies to bridge the conflict between the two litigation systems,in order to build a complete public interest litigation.The system lays the foundation.In the comparison of institutional concepts,this paper analyzes the inherent unity and difference between the two litigations,and believes that the integration of the two major litigation systems should be the final result of the evolution of the two major systems in reality.The author believes that although there are differences between the two types of litigation in terms of pre-litigation procedures,legal basis,and plaintiff subjects;this does not mean the inevitable separation between institutions.On the contrary,the two systems are highly compatible in terms of scope,functionally oriented consistency and the homology of legislative concepts,which provides great convenience for the integration of the two.In the possible discussion of integration,the author analyzes the nature of the two major litigation systems,and believes that the ecological public interest litigation and environmental civil public interest litigation are unified in nature and should belong to civil public interest litigation.As two highly related litigation systems,actual legislation should not be separated,and should be placed under the entire environmental legal system to achieve the greatest synergy between the systems.Therefore,"integration" is the inevitable development direction of the two lawsuits.In the current judicial practice,the ecological exploration of environmental public interest litigation and environmental civil public interest litigation initially explored the integration mode of the two litigations at different stages,which undoubtedly contributed to the theoretical construction of the public litigation system.In the construction of the integration method,the ecological environmental public interest litigation and the environmental civil public interest litigation need to start from at least three aspects: the negotiated norms,the plaintiff’s subjective norms and the evaluation norms.The integration of the negotiated norms is aimed at the integration of the pre-litigation compensation consultation process and the public interest litigation mediation and reconciliation system.The integration of the main party’s participatory norms focuses on the prosecution of the plaintiff’s main body.The integration of theevaluative norms involves the integration of the evaluation norms between the two systems and the future development direction.