Research On The Reconciliation Of Environmental Public Interest Litigation

The environmental public interest litigation against the illegal behavior of ecological environment is undoubtedly the hot topic discussed by the current environmental law scholars and procedural law scholars in China.Since the civil procedure law amended in 2012,the environmental public interest litigation has been compiled for the first time,and China's environmental civil public interest litigation has come a long way.In 2017,after two years of trial of administrative public interest litigation,China's newly amended administrative procedure law has also established the provisions of public interest litigation for the first time.However,due to the commonweal nature of environmental public interest litigation and the particularity of the plaintiff's identity,it has always been an issue for scholars to debate whether it can be applied or not.Although the relevant judicial interpretation in China has clearly stipulated that only the environmental civil public interest litigation is applicable to the settlement,and the environmental administrative public interest litigation is not applicable to the settlement.But scholars still disagree.In judicial practice,our country a lot of environmental civil public interest litigation cases in the form of the parties reached a settlement case,however,it is important to note that there are properties for environmental administrative public welfare lawsuit reconciliation on the case,it seems to be also reflected the environmental administrative public interest litigation introduced the practice of the settlement requirements.On the other hand,due to the current law and judicial interpretation for the provisions of the environmental public interest litigation settlement concrete operating procedure is not perfect,for example,the start time of environmental public interest litigation settlement,the applicable scope of reconciliation,participate in the main body of reconciliation and concrete operation method of the settlement agreement did not make that clear.Therefore,there are many differences in the application of laws and relevant judicial interpretations.And for the introduction of reconciliation problems in environmental administrative public interest litigation,in spite of the practice of the related academic theoretical support and practical needs,but there are still many problems and the solved,such as the administrative public interest litigation of the plaintiff's identity confusion,the current judicial interpretation for reconciliation,enforcement and other issues need to be further discussed.The article consists of four parts.The first part is the introduction,which mainly discusses the background,significance,research status and research methods of the topic.The second part is the summary of environmental public interest litigation settlement,in this part the concept of environmental public interest litigation settlement is discussed in this paper,and the theory of civil environmental public interest litigation settlement and the necessity and the basic theory of environmental administrative public welfare lawsuit reconciliation and necessity are discussed in this paper.The third part is the present situation and existing problems of our country's environmental public interest litigation settlement,first for legislation present situation and the judicial status quo of environmental public interest litigation settlement are discussed in this paper,the second for the problems existing in the operation of civil environmental public interest litigation settlement are analyzed,then the environmental administrative public welfare lawsuit current problems faced by the introduction of reconciliation.The fourth part for the environment public interest litigation settlement mechanism of the perfect measures,think about the problems existing in the civil environmental public interest litigation settlement,should be through the way of perfecting the relevant laws for the settlement of the startup time,scope,participate in the main body,the public specific rules and restrictions;For introduced in environmental administrative public interest litigation settlement of the problems facing,should clear the role of procuratorial organs in environmental administrative public interest litigation,"limited settlement",introduced by perfecting the relevant laws,and establish the long-term effective enforcement supervision mechanism.Therefore,it is more conducive to the effective operation of environmental public interest litigation and reconciliation,and to the maximum extent to protect the public interests.