Research On Civil Public Interest Litigation Of Marine Oil Spill Pollution Accident

The Civil Procedure Law of 2012 added the provisions of civil public interest litigation in Article 55.This legislative act means that China's civil public interest litigation legislation has taken an important step forward,but from the existing legal provisions,In view of the problem of civil public interest litigation after the marine oil spill has caused damage to the marine environment,the law only stipulates the legality of civil public litigation for marine oil spill pollution accidents,and some can be used as a plaintiff qualification for raising public interest litigation.For other issues,Laws and regulations do not specifically regulate.Such a regulation is too simple,which is not conducive to the solution of the public litigation problem of marine oil spill pollution accidents.This paper aims to establish a legal remedy in the marine oil spill pollution accident by studying civil public interest litigation and apply it to judicial practice,through analysis of the related substantive and procedural issues in civil public interest litigation,based on this,propose countermeasures,and hope to improve the civil public interest litigation system in China's marine oil spill pollution accidents.Except the introduction and conclusion,the paper is consisted of four parts:The first part states the related concepts in the civil public interest litigation of marine oil spill pollution accidents and the necessity and feasibility of establishing civil public litigation system for marine oil spill pollution accidents in China.The second part is based on the revision of the Civil Procedure Law of China in2012 as the demarcation point.It expounds the current situation of the civil public interest litigation of marine oil spill pollution accidents in China from the legislativeand judicial levels.In terms of legislation,the legal provisions for civil public interest litigation of marine oil spill pollution accidents have gone through nothing.Before the revision of the Civil Procedure Law in 2012,the plaintiff who filed a civil lawsuit in China must have a direct interest in the case.In 2012,when the Civil Procedure Law was amended,the provisions on civil public interest litigation were added.However,the civil public interest litigation for marine oil spill pollution accidents based solely on the provisions lacked practical operability.When the Environmental Protection Law was amended in 2014,There are more detailed regulations on environmental civil public interest litigation.Later,after the amendments to the Civil Procedure Law and the Marine Environmental Protection Law in 2017,the regulations on civil public interest litigation were increasing.In terms of judicial practice,it mainly introduces the "Tasman Sea " tanker oil spill case and the "ConocoPhillips" oil spill case.The "Tasman Sea " tanker oil spill case is a public interest litigation case initiated in China in the case of legislation that has not yet imposed civil public interest litigation.After the "ConocoPhillips" oil spill pollution accident,the China Biodiversity Conservation and Green Development Foundation was accepted as a civil public interest litigation by the plaintiff and accepted by the court.It became the first civil public interest litigation for marine oil pollution accidents accepted by the court after the ConocoPhillips oil spill.Finally,the paper puts forward the prospect of dealing with the recent public interest litigation of the “Sang Ji” tanker oil spill pollution accident.The third part analyzes some problems of substantive law and procedural law in the civil public interest litigation of marine oil spill pollution accidents in China.The provisions on restitution are not clear enough.Regarding the application of compensation losses in civil public interest litigation for marine oil spill pollution accidents,some scholars believe that compensation losses should not be applied.Regarding the apology,should it be applied and how to apply it,how to execute it after the judgment,all need to be improved;the issue of the attribution and use of the compensation received needs to be clarified and standardized;about the statute of limitations,whether it should be applied in the statute of limitations,and whether special stipulations need to be imposed on the statute of limitations.The plaintiff qualification requirements of social organizations are more stringent,which limits the role of environmental protection public welfare organizations;the current legislation has not granted ordinary citizens the plaintiff qualifications,and it is necessary to consider introducing marine oil spills pre-procedures to citizens while grantingordinary citizens plaintiff qualifications.The allocation of burden of proof needs to be divided into different situations for reasonable distribution;the mediation system needs to be further improved because of its ambiguous problems in terms of whether it should be applied and how it is used.Through the analysis of these problems,the direction of the civil public interest litigation system for marine oil spill pollution accidents in China is clearly defined and improved.The fourth part puts forward some suggestions for some problems existing in the civil public interest litigation of marine oil spill pollution accidents in China.Clarify the meaning of “restitution” and its applicable conditions and the standard of“restitution”.The provisions on compensation for losses shall specify the scope of compensation and determine the quantitative standard of loss;the compensation shall be determined to be attributable to the State,about how to use the compensation,special funds may be set up and supervised by a special department.The plaintiffs may also be rewarded;the apology shall be clarified,and the conditions of use shall be clarified,and if the defendant fails to perform the voluntarily,it shall be publicly Enforcement;in terms of statute of limitations,priority is not adopted the statute of limitations,and secondly,consideration is the flexibility of civil litigation for oil spill accidents;the plaintiff qualifications of social organizations should be optimized to expand the scope of the plaintiff;Grant citizen as the plaintiff of the civil public interest litigation for marine oil pollution accidents,and set up pre-procedures;according to the different strengths of the original defendant,set different rules for the distribution of burden of proof;mediation can be conducted during the proceedings,but the public need to supervise the whole process of mediation.