A Study On The Connection Between Eco-environmental Damage Compensation Litigation And Environmental Civil Public Interest Litigation ——From The Perspective Of Environmental Civil Public Interest Litigation Such As Green Developme

In recent years,environmental problems occur frequently in China and there are many problems in the repair of environmental damage.In order to solve these problems,China established the compensation system for ecological environmental damage.However,because the system is still in the initial stage,and is established in practice,there are imperfections in the system design,resulting in procedural conflicts with environmental civil public interest litigation in practice.Since there were no relevant laws and other legal documents on how to cooperate with the two kinds of litigation in practice and what kind of litigation procedures to follow,the courts have different practices in practice.In order to solve this problem,the Supreme Court has stipulated the procedure to be followed when both suits are filed simultaneously.Its judicial interpretation prescribes the priority status of the lawsuit of compensation for ecological environment damage.However,the legal basis is not sufficient to take this approach,which can not fundamentally solve the conflict between the two lawsuits.On the contrary,it will to some extent overset the environmental civil public interest litigation,thus reducing the enthusiasm of the subject of environmental public interest litigation.In order to search for a more theoretical justification and feasibility of the cohesion procedure,this paper focuses on the analysis of the two types of litigation conflicts,the deficiencies of the existing system,and on this basis,put forward solutions.This paper is roughly divided into three parts.The first part focuses on two typical cases and analyzes and obtains two controversial points as the entry point of analysis and argumentation.The second part of the article is the corresponding legal analysis of the above questions.The main focus of this paper is what kind of connection procedure should be adopted when two lawsuits are filed at the same time and what kind of connection procedure should be used to realize the connection between environmental civil public interest litigation and consultation procedure.As an important part of the compensation system for ecological environment damage,consultation procedure plays a decisive role in litigation,but it is essentially different from litigation.To solve the problem of connection between two kinds of litigation,the consultation procedure is an important part.Therefore,to solve these two problems means to solve the two kinds of litigation convergence problem can be solved.The third part of the article,according to the above analysis,the author thinks that there are different ways to solve the problem of poor connection between two lawsuits in the short,medium and long term.In the short term,the best way to save legislative resources is to improve the existing judicial interpretation,which can not only maintain the existing litigation procedure pattern,but also protect the litigation rights of the subject of environmental civil public interest litigation by adding new provisions.At the same time,in terms of legal provisions,we should attach importance to the function of consultation procedure,and should not separate it from the connection of two kinds of litigation.In the medium term,the overlapping scope of application of the two lawsuits is one of the main reasons why the two lawsuits can not be smoothly connected.To solve this problem,the scope of application of the two should be clarified and only one lawsuit should be reserved in the overlapping part.In the long run,the most essential reason why the two kinds of litigation can not effectively link up is that the system design of both of them has deficiencies.Therefore,in the long run,it is imperative to perfect the design of the two systems.