Research On The System Of Damages In Environmental Civil Public Interest Litigation

The compensation of environmental civil public interest litigation is the result of the application of law to the environmental infringers,and is the price that the environmental infringers should pay for the damages they make.Improving the management,use and supervision of the damages in environmental civil public interest litigation is the key link to ensure the effective carrying out of law execution against environmental damages,so as to achieve the purpose and function of environmental civil public interest litigation.The purpose of this paper is to conclude and analyze the legislation and judicial practice of the damage compensation system of environmental civil public interest litigation in China.The aim of this paper is to determine the attribution of damages in environmental civil public interest litigation,to establish the management mode of damages in environmental civil public interest litigation,to determine the standard and scope of damages,and to perfect the system of compensation for damages in environmental civil public interest litigation,and at the same time put forward valuable advice for improving the whole system.The main logic of this paper: First of all,it introduces the basic overview of the environmental civil public interest litigation damage compensation system;Secondly,it analyzes the present condition and defects of the system of damages in environmental civil public interest litigation in China.Finally,the author puts forward some valuable suggestions on how to perfect the system of damages in China's environmental civil public interest litigation.The first part is an overview of the environmental civil public interest litigation damages system.This part is divided into three aspects,one is to define the concepts and connotations of "environmental damage","environmental damage compensation" and "environmental civil public interest litigation damages system";Second,it comprehensively analyzed the scope and characteristics of the compensation for environmental damage;Thirdly,to demonstrate the necessity of perfecting the system of damages in environmental civil public interest litigation from four aspects: defining the ownership of compensation,ensuring the effective control of environmental pollution,improving the judicial credibility of environmental civil public interest litigation,and protecting the litigants' right of action.The second part is the current situation and problems of the damages system in China's environmental civil public interest litigation.This paper makes a detailed analysis of the legislative and judicial status of the system of damages in environmental civil public interest litigation,and concludes the problem of four aspects: First,the uncertainty of the attribution of damages in environmental civil public interest litigation;Second,the uncoordinated management mode of environmental civil public interest litigation damages;The third is the ambivalent standard and scope of use of damages in environmental civil public interest litigation.Fourth is the lack of supervision mechanism for the management and use of damages in environmental civil public interest litigation.The third part is some valuable suggestions to improve the system of environmental civil public interest litigation damages system,and this part is reasonable suggestion towards the second part of the problem.And the suggestions are divided from the following aspects: The first is to determine the attribution of damages in environmental civil public interest litigation;Secondly,it unified the management mode of damages in environmental civil public interest litigation,and analyzes the rationality of applying fund management mode through the comparison between the compensation management mode led by public power,and the compensation management mode led by civil organizations,in the same time the author puts forward the advice that a special fund for environmental civil public interest litigation should be set up to manage and use the compensation,furthermore,the author makes an analysis of the sources of funds and the methods of management and use of the fund.The third is to clarify the compensation standard and scope of use,put forward a set of procedures according to the plaintiff to initiate public interest litigation according to the time order to determine the scope of use of compensation;Fourth is to improve and develop the environmental civil public interest litigation damages supervision mechanism,including the establishment of third-party supervision mechanism,the establishment of information disclosure and public participation mechanism.