Research On Integrating Ecological Environmental Damage Compensation Lawsuit And Environmental Civil Public Interest Litigation

With the intensification of environmental pollution and ecological damage,China has formulated Environmental Civil Public Interest Litigation,Environmental Administrative Public Interest Litigation,and Ecological Environmental Damage Compensation System to seek judicial relief.The multi-institutional pattern is effective for environmental protection.However,the various systems are not completely harmonious.It is clear that it consumes legal resources and that legal effects are difficult to maintain over the long term.Among them,the lawsuit of Environmental Civil Public Interest Litigation and the Ecological Environmental Damage Compensation not only overlap their functions,but also have many contradictions in reality.The two kinds of litigation systems seem to be independent,cooperative and parallel in the expression of normative documents such as laws and policies,but in judicial practice,they are in a dilemma of "seemingly identical","multiple actions" and "mutual restraint".Based on this,combing the theoretical and institutional levels of the two types of litigation and seeking solutions through the integration path is an important part of the current environmental legal system transformation with the improvement of environmental quality as the core.On the one hand,Environmental Civil Public Interest Litigation takes social public interest as the object of protection.Although the lawsuit for Ecological Environmental Damage Compensation system is based on the theory of state ownership of natural resources,its purpose is also to protect environmental public welfare.The application scope,litigation request and function orientation of the two types of litigation are highly coincident.On the other hand,there are implicit conflicts between the two types of litigation in the subject of prosecution,the order of prosecution and the operation of procedures.The administrative organs and the judiciary are shackled by the system design,and it is difficult to give full play to the functional effects.Therefore,the integration of the two types of litigation has practical necessity.From a theoretical point of view,through the correction of "private lawsuits" and "national interest lawsuits",it is safer to characterize the lawsuit ofecological damage compensation as a public interest lawsuit,and it is easier to meet the Environmental Civil Public Interest Litigation.Starting from the social theory of resources,it can also form two kinds of procedural theory of the same origin of the argument ideas,to provide theoretical feasibility for integration.In terms of integration path,this paper is more inclined to incorporate the Ecological Environmental Damage Compensation System that is still in the policy system stage into the Environmental Civil Public Interest Litigation system by increasing the administrative agency's environmental civil civil litigation plaintiff.Compared with the enactment of a "separate law on compensation for damage to the ecological environment",this practice has the advantages of being in line with the urgency of environmental governance,low cost of legislation and convenient system design.In terms of content,we mainly focus on the integration of consultative norms,evaluative norms and participatory norms of plaintiff's main qualification in order to absorb environmental damage litigation and optimize the effect of environmental civil public interest litigation system.The integration of Ecological Environmental Damage Compensation Lawsuit and the lawsuit Environmental Civil Public Interest will produce structural optimization of the existing judicial system of ecological environmental damage relief,remove the shackles of administrative and judicial organs,and help to build a judicial relief system with the improvement of environmental quality as the core.