Study On The Legal Issues Of Ecological Damage Compensation Litigation Filed By The Government

While creating enormous wealth,the development of the economy also creates increasingly serious environmental problems,and hinders the further advancement of society.The Pilot Program for reforming the system of compensation for ecological and environmental damage(hereinafter referred to as the Pilot program)was promulgated in 2015.Since then,seven provinces(municipalities)have been established to carry out pilot projects.The program for reforming the system of compensation for ecological and environmental damage(hereinafter referred to as the Reform program),which was implemented on January 1,2018,has partially revised the relevant contents of the Pilot program,and promoted the whole country.It indicates that the compensation for ecological and environmental damage has already began to take shape.One of the highlights is that it gives government the right to remedy the ecological environment by litigation.At present,the academic research on compensation system of the ecological and environment damage mainly focuses on the scope of compensation,liability assumption,compensation negotiation and insurance system,but the research on litigation for compensation of ecological and environment damage put forward by the government is relatively few.Through collecting and analyzing relevant regulations and cases of each province and city,this paper discusses the legal nature of the government to initiate the compensation lawsuit,analyzes the subject qualification and the suitable condition of the government to initiate the compensation lawsuit.To perfect the relevant theoretical research and guide the judicial practice,the author puts forward some suggestions on the procedural rules of compensation litigation,so as to improve research on relevant theories and guide judicial practice.In addition to the introduction,this paper will start the research from the following five parts:Through studying relevant regulations and cases in the provinces and cities,the first part finds the current legal problems of the government litigation for ecological environmental damages.In terms of the study of relevant provisions,it mainly compares relevant provisions of compensation litigation of the Pilot program,Reform program and Implementation plan of provinces and cities.In the study of judicial cases,it mainly studies the specific practices in the cases formed by seven pilot provinces and cities.In terms of regulations and cases,it is found that there are four main problems: the legal nature of the government litigation for ecological environmental damage compensation is unclear;the subject qualification of the government litigation for ecological environmental damage compensation is not clear;the proper conditions of the government to file the lawsuit for ecological environmental damages is doubtful;and there are lack of rules of action for the compensation of ecological environment damage.The other parts of this paper mainly aim to solve the above four problems.The second part mainly discusses the legal nature of the government lawsuit for ecological environmental damages.It is very important to clarify the legal nature of the lawsuit for ecological environment damages to solve the legal problems existing in the lawsuit of compensation filed by the government.There is a great dispute about the legal nature of compensation litigation in academic circles.For example,some scholars think that compensation litigation is essentially an environmental private interest lawsuit,while some scholars think that it belongs to environmental public interest litigation.Others believe that the action of compensation is an action of environmental interest.This part firstly clarifies concepts of “ ecological environment ”,“ ecological environment damage ” and “compensation for ecological environment damage”,then arranges the academic circle's compensation for compensation.Finally,combining with the theoretical basis of compensation litigation,the author comments on the academic viewpoints and puts forward his own view: different from environmental private interest litigation and environmental public interest litigation,compensation litigation should be environmental national interest litigation.The third part mainly demonstrates the main body qualification of the government to file the ecological environment damage compensation lawsuit.It first discusses the legality of the government's action for compensation,and the source of the government's right to sue for compensation.Secondly,it analyzes the rationality of the government's action on compensation,and puts forward some suggestions on the connection between the government's right of supervision and the right of claim.The fourth part mainly analyses the qualified conditions for the government to initiate the lawsuit of compensation for ecological environment damage.This part firstly analyses the qualified conditions of the central government as the plaintiff,and suggests that the State Council authorize the Ministry of Ecology and Environment to initiate compensation lawsuits for ecological and environmental events involving many provinces(cities),which have national influence and cross-border.Secondly,it analyses the qualifications of the local government as the plaintiff,and suggests that the county government should be included in the scope of the plaintiff,and puts forward suggestions on the jurisdiction of the governments at all levels and the departments exercising the right of claim.The fifth part mainly studies the government's litigation rules for the compensation for ecological environmental damage compensation.The Reform Plan only stipulates the slogan rules for the litigation rules of compensation lawsuits.At present,most of the system documents issued by the provinces are only vaguely stipulated.In judicial practice,the rules of environmental public interest litigation are generally referred to.However,because the compensation lawsuit should be environmental environmental benefit litigation,it has its particularity,and the litigation of compensation for ecological environmental damage lacks matching litigation rules.Based on this,this section suggests the development of specific litigation rules to guide judicial practice.