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

Since the administrative authorities were given the right to claim compensation for ecological damage,they have played a key role in the relief of sudden or major ecological damage through civil litigation.However,both this new system and the environmental civil public interest litigation can achieve relief for the damaged ecological environment,which has led to a significant conflict between the two litigation systems for the same ecological damage,the orderly interface between the two types of litigation has become an urgent issue to be resolved.In judicial practice,the two types of litigation in the application of the dilemma is highlighted in the judicial application of the two types of litigation rules confusion,the right of action between eligible plaintiffs,as well as the specific operation of the interface between the three aspects of the disjointed procedures.The article starts from the above dilemma,the cause of the dilemma to trace its roots.The analysis found that:the articulation dilemma is the nature of the two types of litigation is not defined,the scope of application is unclear,and the key rules of articulation there is a vacuum and conflict caused.First of all,the normative level and the academic community on the nature of the relationship between the two types of litigation is difficult to form a unified understanding,which has led to the application of the two types of litigation of their own special rules and reference to the application of the common rules of disagreement and confusion.Secondly,the two types of litigation are not clear in the application of the boundary,for eligible plaintiffs to compete for the right to sue or shirk the responsibility to provide space,resulting in different lawsuits between eligible plaintiffs’ right to sue conflict frequently.Finally,the two types of litigation specific interface of the key rules such as the trial of the next,jurisdiction and compensation management contradictions and loopholes,resulting in the specific operation of the two in the connection is not lack of fracture and disconnect.As a result of multiple factors,it is difficult for the two types of litigation to effectively play their respective roles,which seriously deviates from the direction of the construction of a pluralistic environmental governance pattern.Following this logic,it is advisable to seek to resolve the obstacles to the interface between the two types of litigation from three dimensions: First,it should be clear that ecological and environmental damage compensation litigation is a special kind of environmental civil public interest litigation.The two types of litigation for the general and special relationship,which will provide a judgment standard for the application of the rules of litigation.Secondly,the boundary of application of the two types of litigation must be clarified.This does not mean that the scope of application of the two is separate,but by increasing the ecological and environmental damage compensation litigation enumerated applicable circumstances and define the environmental civil public interest litigation "significant environmental risks",to ensure that the two in their respective areas of strength to play a major role.Thirdly,there is a need to improve the rules governing the interface between the two types of litigation.The future institutional arrangement should reasonably set up the prosecution of different plaintiff subjects when the scope of application of the two types of litigation overlaps,formulate crossadministrative centralised jurisdiction rules that suit the characteristics of environmental cases,and unify the management rules of successful compensation funds.