Research On The Linking Problems Between Ecological Damage Compensation Litigation And Related Litigations

With the rapid growth of China's economy,the problem of ecological environment in China is becoming more and more prominent,and the incidence of environmental pollution and ecological damage is frequent.For a long time,there is a lack of relevant provisions on eco-environmental damage relief in in Chinese legislation,which leads to the phenomenon that the ecological environment is often damaged in practice but cannot be repaired and compensated in a timely manner,which is harmful to the protection of the public's environmental rights and interests and ecological environment.In order to make up the institutional absence.,at the end of 2017,the general office of the CPC Central Committee and the general office of the State Council issued the"Reform Plan for Compensation of Eco-environmental Damage",calling for the trial of eco-environmental damage compensation lawsuit in the country since January 1,2018.Ecological Damage Compensation Litigation refers to the lawsuit raised by the provincial and municipal governments which authorized by the State Council and to the units or individuals who causing the damage to the ecological environment,requiring them to bear the compensation liability of eco-environmental damage.Although the reform plan provides for the scope of the compensation lawsuit of eco-environmental damage,the scope of compensation,the obligation of compensation,the right holder of compensation,the consultation on compensation and the rules of compensation litigation,but the provisions are too principle and not detailed.The compensation lawsuit of eco-environmental damage is still in the pilot stage,Due to the lacking of corresponding legal provisions and judicial interpretation,ecological damage compensation lawsuit,civil lawsuit of public interest and criminal lawsuit are not well connected in practice.There are institutional loopholes and institutional conflicts in practical operation.For example,it is not possible to solve the problem of the connection between the two claims of the Government and social organizations(procuratorial organs)in the simultaneous prosecution of the same environmental tort,and the order of the trial of the two claims when the acts causing ecological damage are related to both the ecological injury claim litigation and the environmental criminal Procedure.Dealing with the linking problems between ecological damage compensation litigation and connected litigations has an important influence on the establishment and perfection of The compensation lawsuit of eco-environmental damage.Therefore,the purpose of this paper is to analyze the relationship between eco-environmental damage compensation litigation and related litigations,which by the study of the basic theories of eco-environmental damage compensation litigation.Discussing the connection between eco-environmental damage compensation litigation and related litigations.Putting forward some suggestions on the cohesive mechanism of Eco-environmental Damage compensation litigation,environmental civil public Interest litigation and environmental criminal Procedure.Expecting to play a role in promoting the operation of eco-environmental damage compensation'litigation lawsuit and the improvement of ecological environment damage compensation lawsuit.This article is divided into three parts:The first part is an overview of the ecological damage compensation litigation.Firstly,it defines the meaning of eco-environmental damage in the ecological damage compensation litigation.Then it introduces the different theories on the theoretical basis and nature of t the ecological damage compensation litigation.At the same time,this paper puts forward its own point of view.The second part is about the connection between the ecological damage compensation litigation and the environmental civil public interest litigation.Firstly,starting from the relationship between the ecological damage compensation lawsuit and the environmental civil public interest litigation,it is recognized that the two are similar in terms of the purpose of the litigation,the scope of application and the litigation request.And there are differences in the theoretical basis,the subject of rights and the operation of the procedures.Then,reflecting on the practice of the court combining the two claims into the joint trial,combined with the different views of the theory on the connection between them,putting forward the suggestion of setting up the prosecution in two,which is used to avoid the situation of duplicate claims and damage to the legitimate rights and interests of the defendant.Specifically,it should be established that the compensation for eco-environmental damages filed by the government takes precedence over social organizations and procuratorial organ to initiate environmental civil public interest litigation.The third part is to study the connection between eco-environmental damage compensation lawsuit and environmental criminal litigation.Analyzes the relationship between eco-environmental damage compensation litigation and environmental criminal Procedure,and compares the similarities and differences between the two.Taking the case of DyStar Dyestuff Company,this part analyzes the necessity of connecting ecological damage compensation lawsuits and criminal lawsuits.Then it introduces three modes of civil litigation and criminal connection,including civil after criminal,criminal and civil in parallel,criminal after civil,and analyzes the rationality and limitations of the three models.Finally,from the perspective of the most favorable to the protection of the ecological environment,the criminal after civil model is adopted to construct the linkage mechanism between the eco-environmental damage compensation lawsuit and the environmental criminal lawsuit,and the ecological environment damage compensation procedure is prioritized over the environmental criminal procedure.