On Property Claims In Civil Public Interest Litigation

Civil public interest litigation is on the rise,but the relevant regulations are not perfect.Property claims are essential to protect the public interest,but the law does not clearly stipulate whether property claims can be filed in civil public interest litigation.The content of property claims is also very vague,and the management of winning claims is urgently needed.Due to the lag of legislation and the uncertainty of recovery after environmental damage,the infringed public interest cannot be effectively compensated.Therefore,property claims should be filed in civil public interest litigation.The content of the property litigation request mainly includes compensation for the loss of the victim,punitive damages or remedial compensation that cannot be reinstated,and the cost of advance payment,such as pre-existing investigation and evidence collection and appraisal.The calculation method and basis of the amount of property litigation request shall be improved by legal provisions and industry regulations,and the establishment of natural resource damage assessment system and listening to expert opinions shall be drawn from abroad.In order to facilitate the trial and judgment of the court,the plaintiff should clarify the flow of the winning income when making a request for property.Incorporating the winning income into local finance,setting up a special public welfare fund,or establishing a public welfare trust mechanism is flawed.A special fund for public interest litigation should be established to strengthen the regulations on the source of funds,the operation of the organization,and internal and external supervision.In summary,it is necessary and feasible to make property claims in civil public interest litigation.It is very important to establish a public interest litigation fund system and improve the relevant theories and systems of property litigation requests.