Research On The Enforcement Of Damages In Environmental Public Interest Litigation

The implementation of compensation for damages in environmental public interest litigation is an important issue in the development of environmental public interest litigation.The purpose of this study is to guide the judicial practice and to improve the quality and effectiveness of the compensation for damages.According to this,the full text is divided into five parts:The first part of this article is a review of the research and research objects,research methods and so on.The second part of this article is to sort out the basic issues related to the execution of damages for environmental public interest litigation.First of all,it is pointed out that there is a big difference between the execution of environmental public interest litigation and the general civil execution.The enforcement of environmental public interest litigation must include the contents of the implementation of the executive procedure(including management and usage).Secondly,through the analysis of the "loss of compensation" in environmental damage,it is concluded that the damages of environmental public interest litigation are its monetization performance,and the objective of realizing environmental value interests is also realized while making up for environmental damage and punishing the subject of environmental pollution.On the basis of this,the scope of its implementation is delineated.The scope of implementation includes emergency measures,environmental rehabilitation,and investigation and evaluation.The third part of this article makes a summative analysis of the judicial practice of the execution of damages for environmental public interest litigation.First of all,we need to sort out the relevant laws and regulations in the field of environmental law from legislation.Secondly,the analysis of the three modes of execution of damages for environmental public interest litigation shows that the key to ease the implementation of environmental public interest litigation is to strengthen the indirect implementation and the variety of alternative ways of execution.Thirdly,on the effectiveness of implementation,themanagement methods and uses in practice are analyzed.On the basis of the second parts,it is concluded that the implementation of the existing damages for environmental public interest litigation in China is faced with the following aspects: imperfect legislative system,imperfect implementation mode and ununified implementation effect.The fourth part is the inspection and evaluation of the execution mode of damages for foreign environmental public interest litigation.The fifth part,combined with the above argument,thinks about the way of execution of damages for environmental public interest litigation.Specifically:(1)improve the legislative system.It is suggested that in the form of judicial interpretation,especially the three aspects of the implementation,management and use of damages involved in the inter regional environmental public interest litigation.(2)building a compound execution mode.These include: implementing direct execution mode,improving indirect enforcement legislation,improving indirect execution mode and adding alternative execution type;and(3)unified implementation effect.They include: the special fund is the main body of management,the provincial level is set up,and the multiple use mode is used for execution.