Research On The Conflict And Coordination Between Environmental Civil Public Interest Litigation And Private Interest Litigation In China

The invasion of the environment usually gives rise to two types of damage to interests,one is the invasion of the natural environmental interests on which human survival depends,and the other is the damage to the private environmental interests of certain subjects of interests.In order to better coordinate and link these two types of lawsuits and to ensure that the natural environment and the personal interests of the environment are not illegally violated,the Supreme People’s Court has promulgated and applied the interpretation of the Supreme People’s Court on various Issues relating to the law applicable to civil environmental public interest litigation.Since then,two types of operating structure of the dual-track system of environmental litigation have been established.However,civil environmental public interest litigation and civil litigation private environmental interest cannot be clearly distinguished as to the basic substance of the case or the n Regarding the litigation procedure,and the existing legal system in China has not perfected the explicit provisions on cross-cutting issues that exist in the operation of the two types of environmental litigation,which makes it inevitable that the two types of litigation will conflict Therefore,the two types of litigation must be coordinated on the basis of the balance between the environmental public interest and the environmental private interest.On the basis of the existing legal system in China,this article will coordinate the conflicts between environmental civil litigation of public interest and environmental civil litigation.The full text is divided into four parts,the first part is to define the relevant concepts,clarify the basis theory of the two types of environmental litigation;The second part analyzes and compares these two types of environmental lawsuits in our country,and clarifies the relationship between them.In the third part the conflicts of jurisdiction,judicial procedure,compensation and effectiveness of The sentence.The fourth part presents a coordination plan based on the analysis of the problems.