Research On The Supervision System Of Environmental Civil Public Interest Litigation Conciliation

In recent years,environmental civil public interest litigation has become normal.Under the trend of increasing cases,it is difficult to adapt to the needs of diversified environmental public interest litigation cases only by the way of court judgment.In reality,the number of environmental civil public interest litigation cases settled through mediation is increasing.In general private interest litigation,the supervision mechanism of litigation mediation refers to a supervision mode of mediation in litigation,which mainly corrects the effective and erroneous mediation documents through trial supervision procedure.This mode of mediation supervision is based on the principle that mediation is not open,and the parties or outsiders can only correct the errors through the retrial procedure afterwards.However,environmental civil public interest litigation is different.In order to safeguard the public interest,the current law stipulates the legal announcement procedure of mediation agreement in litigation,so as to realize supervision in mediation of environmental public interest litigation.However,the supervision system of litigation mediation is a systematic project,which includes not only the perfection of supervision legislation itself,but also the perfection of supervision scope and mode.At the same time,it can not lack the strengthening of supervision ability and supporting measures,so it is not only a problem of simply increasing part of the supervision mode.Based on the combination of environmental civil public interest litigation system,mediation system and legal supervision system,this paper rationally analyses the basic principles and legitimacy basis of mediation and supervision mechanism of environmental civil public interest litigation,examines the current mediation and supervision mechanism,improves the deficiencies of mediation and supervision mechanism of environmental civil public interest litigation,and thus exerts the mediation system in the environment.Civil public interest litigation should play an essential role in the diversification of ways to resolve environmental judicial disputes,and ultimately provide the greatest protection for the protection of environmental public interests.The supervision mechanism of mediation in environmental civil public interest litigation is essentially a supervisory system formed for mediation in environmental civil public interest litigation.It is the interaction and coordinated operation of various systems produced and formed by supervisors and supervised subjects around mediation supervision.Its function is to ensure that mediation procedures,contents and performance are legitimate and effectively complied with the established legal norms,and ultimately achieve the goal.To prevent and protect the ecological environment and relieve damaged public interests.According to the division of supervisors,mediation supervision mechanism can be divided into three modes: court supervision mechanism,civil procuratorial supervision mechanism and third-party supervision mechanism.The object of mediation supervision is mediation,and the scope of supervision should be based on the established procedure of mediation,the content of mediation agreement and the implementation of mediation results.The intrinsic value of legal supervision mechanism,the characteristics of the principle of limited mediation,the clear requirements of civil procuratorial supervision,the inherent requirements of environmental pluralism and public participation in environmental justice,and the inevitable requirements of judicial initiative provide a legitimate basis for mediation and supervision mechanism;from the perspective of practical significance,mediation and supervision mechanism can play a role in preventing improper mediation behavior and safeguarding the environment.The role of public interests,the protection of the rule of law order and social equity and justice.At present,the supervision mechanism of mediation in environmental civil public interest litigation is not perfect.The main problems are focused on the imperfection of supervision legislation and specific legal norms,the absence of basic principles of supervision mechanism,the narrow scope of application of supervision mechanism,the single mode of application of supervision mechanism and the lack of operability,the limited role of supervision subject,and the imperfection of supporting measures of supervision mechanism.And so on.Therefore,in order to better play the role of mediation system in environmental civil public interest litigation,it is imperative to strengthen the supervision of mediation.Starting from the practical problems,the article puts forward the following suggestions to improve the supervision mechanism of litigation mediation: first,improving the legal norms of mediation and supervision,promulgating judicial interpretations of mediation rules in environmental public interest litigation,and providing necessary legal support for mediation and supervision;second,clarifying the principle of legality,procedural principle,comprehensive principle and complementary principle as the basic principles of mediation and supervision mechanism;third,establishing established procedures of mediation,content of mediation agreement and mediation mechanism.Mediation performance is the scope of application of mediation supervision mechanism,while defining the environmental public interest reasonably.Fourth,it standardizes the specific applicants of the supervision mechanism by improving the announcement procedure of mediation agreement,constructing the feedback mechanism of announcement objection collection,strengthening the procedure of court review and confirmation,clarifying the way of trial supervision of mediation letter,and strengthening the way of implementation supervision of mediation letter.Fifth,we should expand the supervisory role of the supervisory subject,implement the scientific management of court mediation and strengthen the supervisory function of the court on mediation;strengthen the investigative and verifying power of the procuratorial organs,establish diversified ways of mediation and procuratorial supervision;establish the legal status of the third-party supervisory subject and expand the participation path of the third-party supervisory subject;sixth,through the establishment of environmental public interest litigation case association.Measures such as making information public,strengthening the prevention and punishment system of improper mediation in environmental civil public interest litigation,and establishing the evaluation system of mediation in environmental public interest litigation provide corresponding safeguards for mediation supervision mechanism.