Research On The Cohesion Of Ecological Environmental Damage Compensation Lawsuit And Environmental Civil Public Interest Litigation

Nowadays,the rapid development of economy and society has brought us great convenience,but at the same time,the aggravation of environmental pollution,frequent environmental infringement cases and other phenomena make the ecological environment we rely on to survive facing severe challenges.China formally established the compensation system for ecological and environmental damage in 2017.However,due to its high compatibility with the existing environmental civil public interest litigation system in terms of application scope and litigation purpose,the two lawsuits frequently conflict in practice.Starting from the theoretical and practical levels,this paper systematically classifies the existing theories and mechanisms of convergence,abstracts the existing problems in the process of convergence between the two lawsuits,and makes an in-depth analysis of the causes behind the problems.Secondly,on this basis,re-examining the internal concrete structure of the two lawsuits,we find that there are some similarities in the theoretical basis of the two lawsuits,which provides a legitimate premise for the connection of the two lawsuits.Finally,in view of the problems still existing in the two lawsuits,this paper is carried out from the following aspects,in order to realize the connection and connection of the two lawsuits:First,clear the principle of the connection of the two lawsuits,which is the basic premise of the smooth connection of the two lawsuits.Second,in order to avoid the ecological environment legislation field fragmentation,decentralization and other problems,it is advocated that a Law on Compensation for Ecological and Environmental Damage should be formulated to systematically stipulate the specific content of the connection between the two lawsuits from the substantive and procedural aspects.Thirdly,the nature of ecological environmental damage compensation litigation is defined as a special environmental civil public interest litigation,which lays a solid theoretical foundation for realizing the linkage and coordination of the two lawsuits.Fourth,when the two lawsuits are filed at the same time,the environmental civil public interest litigation should not be suspended blindly.Instead,the first instance debate should be taken as the time node to distinguish the litigation stages and make different treatments,so as to give consideration to the efficiency and value of the connection between the two lawsuits.To sum up,the in-depth study on the linkage mechanism of the two lawsuits is conducive to exerting the maximum joint force of the two lawsuits,enabling the judicial relief field of ecological environment to be better!...