| The ocean contains rich ecological resources and economic benefits,and using the ocean as a breakthrough point for economic development has become an inevitable choice for countries around the world to solve the problem of scarcity of land resources and promote the survival and development of human society.At present,civil public interest litigation in the marine environment has gradually become a practical means to protect marine public interest,but the existing national legal provisions are still too principled,the operability in practice is not strong,there are practical obstacles in the actual implementation of the process,the urgent need to improve the system to adjust.This paper examines the problems in the process of marine environmental civil public interest litigation and proposes suggestions and countermeasures to improve the existing problems,hoping to provide a reference for improving the marine environmental civil public interest litigation system.This article is divided into four parts,in addition to an introduction and a conclusion,as follows.The first part defines precisely the relevant concepts and connotations in marine environmental civil public interest litigation,and analyses its unique features compared to ordinary civil litigation.The first part of the study also analyses the theoretical basis and necessity of marine environmental public interest litigation,and provides a rational basis and theoretical support for the construction of a marine environmental public interest litigation system.The second part examines the current status of civil public interest litigation in the marine environment from both legislative and judicial perspectives.The second part examines the current legislative provisions and summarises the characteristics of the current legislation.The judicial aspect examines the cases of marine environmental civil public interest litigation and finds that the practical problems mainly include the qualification of the subject,the burden of proof,judicial assessment and the enforcement of judgments.After categorising the cases,representative cases are selected for introduction,and on this basis,the current judicial situation of marine environmental civil public interest litigation is analysed and summarised from four perspectives: qualification of subjects,burden of proof,judicial appraisal and enforcement of judgments.The third part summarises and analyses the problems exposed in the judicial practice of national marine environmental civil public interest litigation.The current state of affairs reflects four areas of problems,corresponding to the basic litigation process of marine civil public interest litigation,which the article uses as a basis to study the problems of the litigation system as a whole.The article focuses on the eligibility of the plaintiff in the prosecution,the allocation of the burden of proof in the litigation process,the judicial appraisal of the damage to the marine environment,as well as the enforcement of the judgment and the attribution of the compensation,in order to clarify the direction of improving the marine environmental civil public interest litigation system.The fourth part,based on the aforementioned analysis,addresses the issues raised in the third part and proposes suggestions for the improvement of the system in four aspects: the construction of a pluralistic plaintiff body system,the improvement of the rules on the burden of proof,the improvement of the damage appraisal and assessment mechanism and the improvement of the enforcement mechanism,and explores the implementation of specific rules,in the hope of helping the construction of a civil public interest. |
