Research On The Litigation Setup Of Ecological And Environmental Damages

The world is facing the problem of serious damage to the environment.The governments of various countries are taking active actions to protect the ecological environment and fight against the related pollution and damage.With the issue of environmental protection law and the ascension of revision,the establishment of environmental public interest litigation system and the practice of the damage compensation lawsuit system,and the Supreme People’s Court on certain rules of ecological environment damage compensation cases(try out)"(hereinafter referred to as"provisions ")for standardization,the country began to reflect on the judicial level the attention to the ecological environment protection.The promulgation of several provisions makes it clear that the administrative organ has the right to bring a lawsuit for ecological and environmental damages,which means that China has made new progress in the field of ecological and environmental damage relief.At present,the nature of the ecological environmental damage litigation is not consistent among scholars.Due to the ecological environmental damage costs is high,the practice is also very long,our country to set up the ecological environment compensation consultation process(hereinafter referred to as the "consultation")as a prerequisite for the ecological environment compensation litigation and necessary procedures,can contribute to the compensation agreement as soon as possible,so that the efficiency of the repair ecological environment was improved.Under the current legal framework,the ecological environmental damage compensation litigation system and the environmental public interest litigation system exist simultaneously,but the relevant laws and regulations are too rough about the connection mechanism between the two.Based on this,the author thinks that it is necessary to,from the perspective of the ecological environment compensation lawsuit system,by investigating its scope and characteristics,and the nature of ecological environment compensation lawsuit further argument,then the necessary consultations before litigation procedure practice after analyzing the current situation of how to make both better cohesion,and in the mechanism of the future vision of the paper expounds how to join in order to achieve the best effect,this is also the ecological environment compensation lawsuit system for related research more effectively carry out for the damage to the ecological environment in order to achieve the purpose of the judicial relief.The author is divided into the following three parts:The first part,introduces the current studies of the features of the ecological environment compensation lawsuit and the view of mainstream,through the ecological environment and the interests of the attribute for the "national interest" and the concept of "public interests" comparative analysis,puts forward the author thinks that the administrative organ of litigation essence is a special type of public interest litigation,and environmental public interest litigation does not belong to the same types of litigation.The second part,it is pointed out that ecological environment compensation litigation before litigation consultation program in practice can not only effectively solve the problem,the consultation process is also have some problems,such as the main body is not reasonable,the ways of liability imperfect affects the negotiation behavior and the impartiality of the content,so that the implementing consultation system legislation to achieve the ideal effect has not been achieved,and put forward relevant Suggestions and ideas for existing problems.The third part holds that in the current legal norms,both the ecological environment damage compensation litigation and the environmental civil public interest litigation have the same purpose of relief.However,in recent years,the courts in different regions have different practices in filing two kinds of lawsuits against the same act of ecological environmental damage.Therefore,in order to improve the direction of the cohesive mechanism of the two lawsuits,the author discusses it and puts forward some practical Suggestions.