Research On Lawsuit System Of Ecological Environment Damage In China

The increasing concern over the ecological damage problem in China has put forward an urgent demand for improving the ecological damage compensation system.The system started late and is not enough to fully cope with the reality of ecological relief,so this thesis will focus on the special characteristics of this litigation system.It is divided into six parts.The first part is a discussion of the current state of research on the system at home and abroad,starting from the context of the establishment and pursuit of the system,discussing the significance of its existence and development,and using scientific research methods to conduct innovative research on the improvement of the system.The second part is a discussion of the basic problems of this litigation system,firstly,to solve the problems of unclear concepts and characteristics,and then to discuss the rationality of positioning the nature of this litigation as a public interest litigation,from which the unique value of this litigation system for ecological relief is explored.On this basis,the relationship between this proceedings system and the environmental civil proceedings is analyzed,and the theoretical pavement is made for the following discussion of the interface between the two.The third part is based on the present conditions of the lawsuit and judiciary of this litigation system,from which we analyze the various problems of this litigation in theory and practice,focusing on the inadequacy of the legislation,the poor preventive function of this litigation and the conflict between this litigation and the above-mentioned environmental public interest litigation.The first task of the study is to accurately grasp the outstanding problems of the system in order to achieve better system improvement.The fourth part is an inductive discussion of the mature experience of the relevant institutions in legislation outside the territory,in which the relevant system stipulated in the laws of the US and the EU is taken as the object of study,and analyzing their mature cooperation in legislation and practice,so as to provide a blueprint for the development of the system in China.The fifth part is the suggestion to improve the system in our country.First,the further development of the litigation system in our country needs to systematically regulate the specific problems existing in the practice of the litigation system through comprehensive legislation.Secondly,the use of punitive damages and the construction of preventive relief mechanism should be emphasized to enhance the preventive function of the litigation system for ecosystem damage.Then,the applicable rules of the lawsuit and the environmental public interest litigation should be further clarified through legislation,or the existing arrangement of the two kinds of lawsuits should be improved.Finally,on the basis of overseas legislation and practical experience,we analyze the feasibility of the eco-environmental assurance system and fund system in China,and enhancement the monitoring institution in the process of litigation compensation,so as to establish a damage compensation protection mechanism belonging to China.The sixth part is a summary of the above series of discussions,analyzing the conclusions that can be drawn from this thesis,namely,the ecological damage compensation litigation system has an irreplaceable role in ecological relief,but there are many problems that need to be improved through continuous exploration,and summarizing this thesis’ s suggestions for the improvement of the system.