| Since exploring to establish public interest litigation system in China,In particular,since the public prosecutor for the trial prosecutor interest litigation system,with pollution and ecological destruction rapid increase in the number of disputes relating to the public interest,protecting many social and public interests that are or are being harmed.and achieved good social effects,public interest litigation in the field of environment has become the focus of theoretical research and practice fields.But,after all,it is the product of legitimate public interest litigation transplant,and it has developed relatively late in our country.There are still many practical issues worth discussing.The purpose of this paper is to undermine the public interest litigation and fishery ecological environment related to the study,in order to summarize the status of fishery Public Interest Litigation relating to fisheries,and draw conclusions a dilemma that is not conducive to the achievement of the purpose of the dispute and taking appropriate countermeasures.The article is divided into the following four parts:The first part introduces the general theory of harm public interest litigation fishery ecological environment.First,to clarify the meaning of public interest litigation in the environment,including public interest litigation in property ecological environment,the meaning of public interest litigation and public interest litigation relief function on the ecological environment.Secondly,a clear functional orientation public interest litigation in the destruction of the ecological environment of fishing.The first step was to introduce the characteristics of the fishing ecological environment,then clarify the public interest litigation functional orientation,and then there is the need to demonstrate the destruction of fishery ecological environment public interest litigation.In the second part,the status quo of legal disputes in the area of public interest in relation to ecological damage to the environment in fisheries is introduced in both procedural and legal practice.The program introduces the status quo status quo status and application of the plaintiff’s program for disputes in the public interest and fishery ecological damage to the environment-related.Status of legal practice focuses on the litigation status quo type of public service,identify damages and liability.The third part discusses the problems and causes of damage to public interest litigation in the fishery ecological environment.It was found that the scope of the case was not clear,in the marine environment,civil public interest litigation,the plaintiff norms,difficult to collect evidence,there is a conflict between the identification and assessment of the subject has no damage,the high cost,and the lack of normative basis for alternative repairs.Analyzing the reasons for these problems may be insufficient comprehensive literacy of personnel and imperfect legal system and mechanism.Section four presents possible countermeasures interests of the public areas of public interest the third part of the solution proposed legal disputes in civil law.First,uphold the principles of necessity,generalization,enumeration and facilitation of rights to refine the relevant provisions of the scope of cases;secondly,clarify the scope of the subject of criminal prosecution and adequately determine the plaintiff’s order to sue;third,improve the pre-litigation evidence preservation system,Increase the procuratorial agency as the main body of pre-litigation evidence preservation,and explore the evidence preservation model of registration and appraisal;fourth,improve the mechanism for ensuring damage assessment through the detection of environmental damage appraisal expert committee and exploring the establishment of an appraisal appraisal cost replacement mechanism;Fifth,build an alternative restoration mechanism,gradually standardize the exploration of alternative restoration methods in practice,and establish a system of selection of restoration entities and an alternative restoration plan filing system. |
