Research On The Coordination Of Environmental Public/Private Interest Litigation Mechanism

The environmental right has both the public welfare and the private benefit,the same environmental tort may damage the public environment and the private legal rights and interests simultaneously.Therefore,in addition to the traditional private interest litigation,the law should be allowed to bring environmental public interest litigation.Direct interested parties whose personal and property rights and interests have been damaged can bring the traditional civil action to the court rely on the "Tort liability law" And "Civil Procedure Law" which is private interest litigation.The damage of the public environment depends on public interest litigation to achieve relief.The emergence of the environmental public interest litigation system makes up for the lack of private interest litigation to the environmental public welfare relief,fills the gap of the relevant system domestic legislation,and realizes a great progress of the environmental legal cause at the present stage.But then we have to face a new problem: How to deal with the relationship between environmental public interest litigation and environmental private interest litigation based on the same environmental tort.Environmental damage itself is complex,its diffusion scope is large,involving a large number of people,resulting in the public environment and private interests double damage of the situation is not uncommon.Therefore,this issue should be given sufficient attention.Only when the environmental public interest litigation and the existing environmental private interest litigation system cooperate and complement with each other,the two can promote the development of environmental justice together.The procedure of the two types of litigation has been lack of effective coordination mechanism until the judicial interpretation is introduced.The judicial interpretation adopts the view of dual track system,which holds that the two kinds of litigation should be tried in parallel,and denies the possibility of joint trial of the two kinds of litigation at the present stage.However,some scholars believe that the final trend of environmental public interest litigation and private interest litigation is the integration of two lawsuits.Both models have their own rational basis,but also have certain defects.Although judicial interpretation allows "free rider" of private interest litigation under the dual track system,it still faces challenges such as contradictory judgments and the waste of the litigation resources under the condition of lawsuit request concurrence.Judicial interpretation has not made specific provisions on the trail order of these two,in such a state,the interests of the litigants in the private interest litigation still can not be protected.As a new attempt,it is still worth considering whether the two-suit fusion mode can adapt to the current situation of our country's legal system.In addition,the mode of litigation fusion should be paid enough attention to the sacrifice of the time interests of the two litigants.In this regard,the author puts forward a new idea,with the two types of litigation plaintiff's litigation claim relevance as the breakthrough point,divide into different situations respectively applicable to the two models,take the dual-track system as the principle,two litigation fusion as the exception.On the basis of combining the dual-track system and the fusion model,we try to maximize the advantages of the two models,and try to reduce the possible adverse effects of their respective drawbacks.Comprehensively analyze the pros and cons,proposing the actual path to improve the environmental justice at this stage.