Research On The Connection Between Ecological Environment Damage Compensation And Environmental Civil Public Interest Litigation

In order to relieve the public interest of the ecological environment,many systems such as environmental civil public interest litigation,environmental administrative public interest litigation,and compensation for ecological environmental damage have been designed in our legislation to achieve the goal of maintaining the ecological environment.However,a variety of eco-environmental damage relief systems are not fully integrated.Among them,the overlap of rules and the conflict of litigation rights between eco-environmental damage compensation and environmental civil public interest litigation are the most obvious.The existing legislative norms and judicial practice do not solve the confusion in the application of the two systems.Therefore,in view of the different nature positioning and system functions of the two systems,combined with China’s normative status and practice status,we should straighten out the relationship between ecological environmental damage compensation and environmental civil public interest litigation,and solve the connection between the two.In addition to the introduction and conclusion,the paper is divided into four parts:The first part expounds the basic theory of the connection between the two systems.The essence of eco-environmental damage compensation is the extension of environmental administrative law enforcement,and environmental civil public interest litigation is the supplementary mechanism of environmental law enforcement.The high similarity between the purpose of litigation and the applicable rules provides space for the connection of the two.The connection of the two systems is conducive to straighten out the different division of labor between systems and optimize the operation order of the system.The protection of the overall interests of the ecological environment and the theory of the relationship between administrative power and supervision power are the fundamental basis for the connection between the two.The second part combs the connection status of the two systems.At the normative level,the connection between the two is insufficient,and the legislative level is low;At the practical level,there are various types of connection between them and overlapping applicable rules.The third part analyzes the dilemma of the connection between the two systems.At the same time,the unclear substantive norms and the uncoordinated procedural norms exacerbate the conflict between the two.The fourth part puts forward the solutions to the connection of the two systems.At the same time of perfecting the legislative norms of system convergence,the substantive norms and procedural norms of convergence should be improved by taking "administrative law enforcement-consultation on ecological environment damage-lawsuit on ecological environment damage-civil public interest litigation on environment" as the link path.