Study On The Coordination Mechanism Of Environmental Private Interest Litigation And Environmental Public Interest Litigation

Strengthening the system construction of ecological civilization was proposed in 18 of the CPC plenary session, Environment construction of rule of law is the only way of ecological civilization construction of socialism. The new revision of the code of Civil Procedure Act and the environmental protection act and the launched judicial interpretation is a significant step toward the goal of establishing and perfecting the environmental public interest litigation system, however the condition of the increasingly serious environmental problems have not been improved. The mainly reason is the duality of environment disoperation, which would always damage the private and the public interest. Conditioned by their traditional private interest litigation malpractice, the relief on ecological environment cannot be achieved. Taking a legal action independently for the same enviromental tort could lead to a waste of trial resources and the absence of damage compensation and put the harmonizing of scales of justice at risk and other issues. Therefore, coordination of both litigations are required, and need establish the efficient, integrated mode of judicial remedy of environmental tort.The author elaborates on this issue with six chapters, the first chapter is the introduction, discovering problem and bring them forward. The second Chapter is about defining the relationship between private interest litigation and public interest litigationthe on environment, learn the characteristics of the two lawsuits. Chapter III on analysing the operation characteristics and patterns of the both lawsuits, and the plight of these forms of relief. In the fourth chapter, it responses the dilemma of relief for various rendering of pattern raised in the chapter II with the legislative provisions and academic perspectives, finding way out to the coordinated of both lawsuits, raise the models of convergence and integration. The fifth chapter makes clear regulations to the operation of two cooradination models, in order to give the guidelings for the practical treatment. Finally, summary and prospect for this issue.Hope to achieve the ultimate goal of enviroment infringement relief and protecting the environment.