The Relationship Between Civil Public Interest Litigation And Private Benefit Lawsuit In Environmental Damage

Starting from the research paradigm of environmental jurisprudence,environmental damage refers to the legal fact that the nature,characteristics,quality and function of systemic environmental elements deteriorate and even degrade due to human activities polluting the environment or destroying the ecology.(1)Taking a look at the present state of legislation and the connotation of the system of environmental damage disputes,we can find and summarize some common laws in the current environmental tort legislation: firstly,the definition of environmental damage and the scope of regulation show the trend of expanding,from the relief of environmental private benefit gradually to pay more attention to environmental commonweal,Thus,the combination of environmental public welfare and environmental private benefit has been paid more attention in environmental legal liability investigation and environmental protection.The environmental right itself includes both the environmental public right and the environment private right compound system,its compound performance mainly shows two kinds of rights and interests are intertwined and inseparable.This article is composed of four parts,and discusses the related issues between civil public Interest litigation of environmental damage and private benefit litigation in China:Part One: A brief introduction to the subject of environmental private benefit lawsuit and public interest litigation in China,this paper briefly outlines the litigation conditions of environmental private interests lawsuit and environmental civil public interest litigation,further refine and limit the research object of this article,and combine with the latest "explanation on some questions concerning the applicable law of public Prosecution cases This Part expounds the latest situation of Procuratorate as the subject of public interest litigation.This part also discussed two questions,one is whether the citizen individual has plaintiff's litigant qualification,second "the Law stipulation organ and the related organization" faces the realistic predicament.Part Two: The separation of civil private interests litigation and public interest litigation,this part discusses the respective purposes and values of the two litigation systems,and affirms the value and significance of their independent existence.Part Three: The conflict between environmental private benefit lawsuit and civil public interest litigation.Due to the indivisibility of environment,these two litigation system often intersect.This part has probed into the procedure processing problem of the lawsuit parallel,has responded to whether the two have the specific cis-position,and has carried on the research to the double lawsuit merger trial feasibility in order to solve the competing problems arising from the environmental public punishment and the private benefit compensation.Part ?: From the filing,trial,adjudication,implementation of four aspects of environmental public interest litigation and private interests of the future relationship between the concept and development proposals.Nowadays our country has paid more attention to the ecological protection,only the environmental protection policy can be effectively transformed into effective system mechanism,so Beautiful China will realize faster and better.