Study On The Conflict And Coordination Between Environment Public Interest Litigation With Private Interest Litigation

Article 55 of Civil Procedure Law of the People's Republic of China that amended in 2012 is regarded as the establishment of the system of environmental public interest litigation in China.But because of the characteristics of extensive of environment and diverted and complexed of environmental rights and interests,causing damage to the environment including environmental pollution and ecological destruction,often lead to public interests and personal interests and infringement.Article 28^th in Interpretation of the Supreme People's Court on Several Issues concerning the Application of Law in the Conduct of Environmental Civil Public Interest Litigations also states that if the same tort acts simultaneously damage the public interest and personal health and property,the filing of a environment public interest litigation shall not affect the Private interest litigation filed by the victim accordance with related law.Thus it can be seen that the filing of environmental public interest litigation will not lead to the loss of litigant's rights in environmental private interest litigation,but there is never a clear distinction of damages between the environmental rights and interests and private interests caused by the action of environmental infringement.However,neither the law nor the judicial interpretation has clearly stipulated how to deal with the intersections of the two kinds of litigation in the procedure.It is necessary to analyze the public welfare of environmental rights and interests and the private interests of environmental rights and interests that to strike a balance between environmental public interest litigation and private interest litigation in judicial mechanism.Comparing environmental public interest litigation with environmental private interest litigation on the basis of defining a series of related concepts,such as the public welfare of environmental rights and interests and the private interests of environmental rights and interests.Analyzing the conflict between the two of the jurisdiction,the problems brought by the different trial procedures,the problems existing in the compensation system and the conflict and contradictions in the result of the lawsuit judgment.By clarifying the type of litigation request,and constructing the special Environmental Resources Court to unify the differences between the two proceedings in the jurisdiction and realize the centralized jurisdiction of the cases of environmental resource type;combine the two actions conditionally based on the principle of joint action but give the plaintiff the option to apply for the suspension of the private interest action;and in the case of compensation for the position of no State responsibility,we should take the form of proportional compensation;In order to achieve the harmonious balance between the environmental public interest litigation and the private interest lawsuit,the judgment on the judgment result can be taken as the judgment of the Public welfare action,which is conditional to the expansion of the contract and the effective referee's relative summary effect to the lawsuit plaintiff.