Study Of Integrating The Civil Litigation Of Public Interest Of Environment And The Litigation Of Compensation For Damage To Ecological Environment

In order to deal with the crisis of environmental pollution and protect ecological environment,the system of civil litigation of public interest of environment and the system of the litigation of compensation for damage to ecological environment has been established successively and the judicial system of environment has been improved in our country.However,the conflicts between the reality and the overlapping functions of the civil litigation of public interest of environment and the litigation of compensation for damage to ecological environment are very distinct.Both of the litigations aim at protecting ecological environment by controlling the actions of environmental pollution.In addition,the two categories of litigations coincide with each other to a greater extent in the scope of application,the orientation of functions,and the means for taking responsibility,etc,which cause great internal friction of judicial resources.In June,2019,the Supreme People’s Court issued Some Stipulations on Trying the Cases of Compensation for Damage to Ecological Environment(Trial Implementation)and attempts to connects the two systems of litigations.It is prescribed that both the civil litigation of public interest of environment and the litigation of compensation for damage to ecological environment caused by the same action of environmental pollution shall be tried by the same court and the latter litigation shall be tried in priority.Nevertheless,it is impossible to eliminate the dilemma in practice caused by the co-existence of the two categories of the litigations,such as the great loss of judicial resources,the confusion of the functions of administrative agencies,and the increasing burden of work of the judiciary.Therefore,it is necessary to take the civil litigation of public interest of environment as the core,to absorb the advantages of the litigation of compensation for damage to ecological environment,and integrating the two systems of litigations so as to solve the contradictions and conflicts owing to their co-existence completely.