Study On Civil Public Interest Litigation Of Marine Environment By Social Organizations

With the continuous advancement of China’s marine economic strategy and the increasing frequency of marine activities,the marine ecological environment has suffered severe damages time and again.To effectively solve this problem,one choice is to bring the marine environmental civil public interest litigation.While,there are many obstacles before and during the process of marine environmental civil public interest litigation.According to the current legal norms,China has basically established a system of environmental public interest litigation.In recent years,it has been reported that environmental social organizations have filed environmental public interest litigation as plaintiffs.However,social organizations have been repeatedly "blocked" in the process of carrying out marine environmental civil public interest litigation activities.The road of civil public interest lawsuits brought by social organizations on the marine environment is full of frustrations,and they are either ruled not to accept or rejected by the court.In addition,in the face of the same or similar cases of infringement on the marine ecological environment,social organizations often cannot get the support from the court when they file marine environmental civil public interest lawsuits.While procuratorial organs,as plaintiffs,often have an unobstructed way to file marine environmental public interest lawsuits.By analysing the internal reason,it mainly lies in the deviation between the court and social organizations on the way to apply the item2 of article 89 in Marine Environmental Protection Law with the relevant legal provisions and legislative intents in Environmental Protection Law and Civil Procedural Law.Besides,the law itself on the regulation of the marine environmental civil public interest litigation system is not perfect,which finally leads to the defective application in practice.The development of the civil public interest litigation regarding the marine environment brought by social organizations has been in a dilemma in practice.The first is about how to determine the plaintiff qualification of social organizations in the civil public interest litigation of marine environment and where the legal basis lies;the second is how to determine the order of the eligible plaintiff in the marine environmental civil public interest litigation;the third is how to solve the difficulties in information collection and evidence production when social organizations file such lawsuits;and the fourth is how to determine the total amount of damage of the marine environment and the actual amount to be compensated.In order to solve the problems above,it is necessary to firstly interpret the positioning of Marine Environmental Protection Law in the whole field of environmental public interest litigation accurately,and clarify the relationship,the legally inside logic and the order of application between Marine Environmental Protection Law and the laws above,including Civil Procedure Law and Environmental Protection Law.Secondly,we should understand the connotation correctly about the marine environmental civil public interest litigation system through the perspective of legislative purpose and legislative evolution of the environmental public interest litigation and the marine environmental public welfare lawsuit system.And also,it’s really necessary to use the legal interpreting method to explore the inner link between the item 2 of article 89 in Marine Environmental Protection Law and other provisions regarding the marine environment within the civil public interest litigation system to get the final effective cohesion in the existing law system,avoid mechanical understanding and application of the existing legal provisions and break the embarrassing situation of social organization facing the existing law system of environmental public interest litigation.Thirdly,in the face of other obstacles existing in the process of civil public interest litigation of the marine environment filed by social organizations,this essay puts forward corresponding solutions.Based on the research by scholars and deputies to the National People’s Congress,this paper puts forward suggestions on improvement from both legal and policy’s perspectives.The ultimate purpose of this essay is to construct a complete marine environmental civil public interest litigation system,which guarantees the social organizations’ legal qualification to start the lawsuit with powerful proofs,ensures the protection of China’s marine ecological environment and steadily pushes forward the development strategy of China’s marine economy.