An Empirical Study On The Connection Between Ecological Environment Damage Compensation Litigation And Environmental Civil Public Interest Litigation

Ecological environment damage compensation litigation is a lawsuit filed by the obligee of compensation against the public interest damage of ecological environment caused by the behavior of polluting the environment and destroying the ecology.From the point of view of the purpose of establishment,the essence of this kind of litigation should be a lawsuit for the purpose of protecting environmental interests.From the perspective of substantive law,it should have the same basis as environmental civil public interest litigation,but should not apply the substantive law of ordinary environmental tort litigation.From the perspective of procedural law,most of the procedural rules of environmental civil public interest litigation fit in this kind of litigation,but they have their own unique value.Therefore,the ecological environment damage compensation litigation is a kind of special environmental civil public interest litigation.This paper is mainly based on the specific idea of "practical problem--theory--system improvement".It is divided into three parts: the first part studies the existing cases about the connection between ecological environmental damage compensation litigation and environmental civil public interest litigation.Starting from the problems highlighted in the judicial practice of linking them,this paper mainly focuses on the problems and countermeasures in five aspects: subject qualification,law application,protection of litigation right,support for prosecution,and performance by stages.The second part starts from the theory,discusses the legal nature of the ecological environment damage compensation litigation.The relationship between environmental civil public interest litigation and environmental civil public interest litigation is discussed from the aspects of substantive law and procedural law.The third part mainly sums up the first part and the second part.Based on the possible problems in articles 16 to 16 of the provisions of the supreme people’s court on hearing cases of compensation for ecological and environmental damage(trial),the paper puts forward specific Suggestions for the connection between the two from a macro perspective.In order to make a contribution to the connection between the two from the theoretical and practical perspectives.