Research On The Judgement Of Execution In Environmental Civil Public Interest Litigation

Execution of Civil Procedure Law and Interpretation of the Supreme People's Court on Several Problems including Applicable Law for Trial of Environmental Civil Public Interest Litigation Case modified in 2015 marks formal establishment of environmental civil public interest litigation in law.With improvement of environmental civil public interest litigation system,and increase in quantity of environmental civil public interest litigation case,more and more cases have entered or are about to enter the execution procedure.Realization of judgment result has become a problem concerned by the public.Execution of environmental civil public interest litigation case should be concerned at this time.Environmental civil public interest litigation case has obvious characteristics in the execution including speciality,complexity,periodicity and extensive participation of execution procedure and so on,so flexible innovation aimed at its characteristics is required in judgment and execution,such as appearance of new responsibility form in judicial case including “production technology transformation” and “environmental public interest labor service” etc.,and new requirement is proposed on execution mechanism and measure correspondingly.Taking execution of judgement in environmental civil public interest litigation as study object,this paper analyzes three types judgement by preventive liability,compensatory liability,and ecological restoration liability,points out execution mode and particularity of judgement,and analyzes execution condition of judgement of environmental civil public interest litigation in China through allocation of execution power,judicial condition of supervision,and execution practice of the district court under macroscopic perspective and empirical analysis on execution of 30 typical cases under microscopic perspective and points out problems existing in current execution to provide reasonable reference for execution mechanism of environmental civil public interest litigation and improvement of execution of judgement by combining with theoretical research.The full text is about 27,000 words,which is divided into four parts besides the introduction.The first part is the type analysis and significance of environmental civil public interest litigation,pointing out that the civil liability commitment can be divided into three categories: preventive liability,compensation liability and ecological restoration liability.Correspondingly,the judgment can be divided into the content of referee for preventive responsibility.The content of the referee for compensation liability and the content of the referee for ecological restoration responsibility.The significance of cognition of different types judgement for execution is that judgment of specific liability can be programmed for characteristic of specific liability,and execution efficiency can be improved,and at the same time,executive personnel can obtain good execution effect by exploring and flexibly using execution mode in execution.The second part is about execution mode and particularity of judgement of environmental civil public interest litigation,analyzing execution measure of environmental civil public interest litigation and execution starting mode,and demonstrating particularity of execution of environmental civil public interest litigation,i.e.public interest in objective,professionalism,complexity and periodicity of execution and extensive participation of execution procedure.The third part is about execution condition of judgement of environmental civil public interest litigation and problem analysis,analyzing execution condition of specific liability of environmental civil public interest litigation in China through allocation of execution power,judicial condition of supervision,and execution practice of the district court under macroscopic perspective and empirical analysis on execution of 30 typical cases under microscopic perspective,pointing out that problem existing in current execution is insufficient supply of execution legislation of environmental civil public interest litigation,lack of executive power guarantee in execution content of preventive liability,placement failure of execution effect of compensatory liability,and lack of operable in fulfillment replacement execution procedure of ecological restoration liability and analyzing the reason.The fourth part points out suggestions to improve execution of judgement of environmental civil public interest litigation.Improvement of allocation of execution power of environmental civil public interest litigation and supervision mechanism has an obvious characteristic,i.e.participation of numerous parties,such as administrative organ,court,environmental organization and even individual,and therefore,when execution power is integrated,the purpose of environmental protection shall be met and characteristic of respective parties and power operation mechanism and law shall also be met simultaneously.Execution review power,execution implementation power and external supervision power to execution shall be reasonably set,in improvement of allocation of execution power and supervision mechanism,specialization of execution procedure shall be realized by combining with the trend of specialization of environmental justice,linkage with environmental protection departments on execution assistance shall be strengthened,and execution supervision mechanism shall be improved,to solve structural difficulties of “difficult execution” and “chaotic execution” in environmental civil public interest litigation.Improving the executability of the judgment of preventive responsibility,Enhancing the responsibility for implementation,In execution of compensatory liability,conversion mechanism of compensation loss and behavior fulfillment and installment payment mechanism of compensation shall be improved.In execution procedure of ecological restoration liability,execution flow and standard shall be detailed,use,management and supervision of environmental public interest fund shall be improved,and meticulous execution operation shall be made to each flow including development of ecological restoration execution scheme,implementation of ecological restoration execution scheme and management of ecological restoration execution and so on.