Research On The Legal Issues Of Marine Environmental Civil Public Interest Litigation

As a big maritime country,China has a vast territory and abundant natural resources.With the vigorous development of the Blue Economy,China’s development and utilization of marine natural resources are becoming more and more in-depth.With the rapid development of shipping trade and maritime operations,marine environmental problems,such as environmental pollution and ecological destruction,have followed.As an important means to protect the marine environment,marine environmental civil public interest litigation has formed a relatively perfect legal system in recent years.However,there are still some problems in judicial practice,such as excluding the participation of social organizations and the lack of coordination between public interest litigation and private interest litigation.Therefore,based on the interpretation of the legal system,this thesis first demonstrated the nature of public interest litigation of the ecological damage compensation litigation brought by administrative organs,and demonstrated the legitimacy of social organizations having the subject qualification by centering on Article 89 of Marine Environmental Protection Law.Then in view of the current practice of public interest litigation and private interest litigation conflict problems,explore the appropriate coordination between them.The thesis also answers the question of the coordination between public interest litigation and special private interest litigation,namely oil pollution damage compensation litigation.In addition to the introduction and conclusion,this thesis is divided into four chapters:The first chapter makes a brief introduction to the basic concepts and combs the legislation of public interest litigation in China.This thesis lists the main problems existing in the judicial practice of marine environmental civil public interest litigation,including the subject qualification,the coordination between public interest litigation and private interest litigation,and the coordination between public interest litigation and oil pollution damage compensation litigation.The second chapter,first of all,from the theory to explore two aspects of theory analysis and judicial practice of ecological environment compensation lawsuit filed by administrative organs nature of public interest litigation,and then by using the method of legal interpretation,this thesis demonstrates the necessity of the subject qualification of social organizations by clarifying the relationship between relevant laws,explaining the advantages about the subject of social organizations and the advantages of multiple relief mechanism.Demonstrates the social organization of subject qualification ought to be.It is argued that administrative organs,social organizations and inspection organs are the subject of marine environmental civil public interest litigation,and ecological environmental damage compensation litigation,as a special public interest litigation,should be applied in priority.Third chapter in the previous chapter has been clear about the what is the marine environment,on the basis of environmental public interest litigation is existing in the practice of public interest litigation and private interest litigation interest rates,the judgement,such as conflict,summary the field current of two theories is the integration of theory and theory of cohesion,and specific analysis of the two theories,clarifying the public interest litigation and private interest litigation procedure coordination concrete train of thought.According to the actual situation of the case,the trial can be combined or separately,and the interests of the private subject can be priority compensated by not setting the order of the trial and reserving the compensation share of the private subject during the separate trial.The fourth chapter revolves around the marine oil pollution damage compensation litigation,as a special type of private interest litigation,because of the provisions of relevant conventions and domestic special laws,it also has the problem of coordinating the scope of damages and the limitation of compensation liability with public interest litigation in addition to the general private interest litigation.This thesis,by means of legal interpretation,discusses the public welfare lawsuit in pollution damage cases requests will be able to get part of the support shall be limited to reasonable cost of recovery measures suitable for limitation of liability,and put forward the improving oil fund the cost of recovering of sequence of advice to protect marine ecological environment can get relatively sufficient relief.