Study On The Integration Of Private Law Relief Mechanism For Ecological Environment Damage

Traditionally,the protection and relief of ecological environment damage mainly adopts the mode of public law,that is,the competent organ relieves the damaged ecological environment by investigating the administrative responsibility and criminal responsibility of the violator.However,due to the disadvantages of emphasizing sanctions and neglecting repair in public law liability,it is difficult to achieve sufficient relief by relying solely on public law means,resulting in the failure to completely eliminate the damage consequences and adverse effects.In this case,the civil law department with the nature of private law breaks through the boundary of focusing on adjusting and protecting civil rights and interests,brings the environmental public interest into its regulation scope,and uses judicial means to pursue the civil liability for ecological and environmental damage of the offender Private law relief,which focuses on filling and restoring the damaged environmental public interests,has become a new model of damage relief.At present,there are three types of private law relief mechanisms in China’s ecological environment relief field: marine ecological environment damage compensation litigation,environmental civil public interest litigation and ecological environment damage compensation litigation.On the surface,the three private law relief mechanisms have their own advantages and division of labor.It seems that they can complement the shortcomings of public law measures in the field of ecological environment damage relief,so as to achieve the purpose of fully relieving the damaged ecological environment.However,due to the same purpose and function of the three private law relief mechanisms,the overlapping scope of application and the unclear positioning of multiple subject roles,there are continuous conflicts and collisions at the level of judicial practice,and the academic circles also debate the nature,relationship and necessity of the three private law relief mechanisms.Therefore,it is necessary to re-examine China’s current private law relief mechanism for ecological environment damage,explore the root causes of the problems and put forward solutions.This thesis is divided into four parts.The first part summarizes the relevant concepts of private law relief for ecological environment damage,mainly introduces the definition,characteristics and mode of ecological environment damage relief,and explains the environmental right theory,natural resource ownership theory,public trust theory,citizen law enforcement theory and legal litigation responsibility theory put forward by the academic circles as the theoretical basis of private law relief for ecological environment damage one by one;The second part summarizes and combs the current situation and basic situation of the three current private law relief mechanisms in China,as well as the specific differences between the three private law relief mechanisms;The third part analyzes the necessity and feasibility of the integration of the three existing private law relief mechanisms,and holds that the necessity of the integration mainly includes: the conflict and friction of the three private law relief mechanisms at the level of judicial practice,the low efficiency of ecological environment damage relief,the unclear role orientation of multiple subjects,and the defects and deficiencies of the current connection mode.The feasibility of the integration mainly includes: the purpose and function of the three private law relief mechanisms are the same The scope of application is highly overlapped and the nature of the three relief mechanisms is essentially the same;The fourth part puts forward suggestions on the integration of three current private law relief mechanisms in China,and holds that the other two litigation relief mechanisms should be integrated based on environmental civil public interest litigation.The direction and principles of integration include: integrating the existing relief mechanism based on environmental public interest,giving the corresponding subject the right of action with the theory of legal litigation,constructing the relief mechanism with the function of "damage filling + risk prevention",and following the principle of priority of administrative subject relief,In terms of the specific rules after integration,this thesis puts forward the ideas of case jurisdiction division and prosecution order setting respectively.