Research On The Connection Between The Compensation System Of Ecological Environment Damage And The Environmental Public Interest Litigation System

In order to deal with the high incidence of environmental damage incidents and solve the problem of "enterprise polluters suffer" In the dilemma of "the government pays the bill",the general office of the CPC Central Committee and the general office of the State Council jointly issued the pilot program for the reform of the compensation system for ecological environment damage.After two years of trial implementation,the two offices issued the reform program for compensation for ecological environment damage(hereinafter referred to as the "program")and formally established the compensation system for ecological environment damage.As a relief system for ecological environment damage,the compensation system for ecological environment damage is highly consistent with the scope of application of existing environmental public interest litigation.During the two-year trial period of the compensation system for ecological environment damage,there have been compensation litigation for ecological environment damage and environmental civil public interest litigation "rescue crash".The plan requires the Supreme People’s court to be responsible for guiding the trial work of compensation for ecological environment damage,and puts forward specific requirements for the people’s court to explore and improve the litigation rules of compensation for ecological environment damage.On June 5,2019,the Supreme People’s Court issued several provisions of the Supreme People’s Court on hearing cases of compensation for ecological environment damage,which made it clear that when the people’s court accepts two kinds of litigation of compensation for ecological environment damage and environmental civil public interest litigation,the three rules of "parallel right of action","priority of hearing cases of compensation for ecological environment damage" and "coverage of litigation claims" were used as guidance,and filled in In the trial practice,the case of compensation for ecological environment damage cannot be relied on.The system of compensation for ecological environment damage not only includes the litigation system of compensation for ecological environment damage,but also sets up the administrative consultation procedure as the prerequisite procedure for the litigation of compensation for ecological environment damage.After the existing judicial interpretation on the relationship between ecological environmental damage compensation litigation and environmental civil public interest litigation,how does the consultation procedure link up with environmental civil public interest litigation procedure,environmental administrative public interest litigation procedure and environmental administrative public interest litigation pre litigation procedure?How can the pre litigation procedure and the litigation procedure of environmental administrative public interest connect with the litigation of compensation for ecological environmental damage?In order to solve the above problems,this paper hopes to start from the case of joint cooperation between the procuratorial organ and the compensation obligee in practice,to make a comparative analysis on the basic theories of the two systems,and to explore the possible problems in the connection process,in combination with the provisions of Several Provisions on the relationship between ecological damage compensation litigation and environmental civil public interest litigation,so as to improve the ecological environment damage compensation system and Suggestions on the connection mechanism of environmental public interest litigation system are put forward.This paper is divided into five parts:The first part mainly introduces the background of the connection of the two systems,and briefly introduces the content of ecological damage compensation system and environmental public interest litigation system.Focusing on the "litigation collision" of ecological damage compensation litigation and environmental civil public interest litigation,this paper discusses the necessity of linking the two systems.The second part mainly discusses the comparative analysis of the basic theories of the compensation system for ecological environment damage and the environmental public welfare system.The differences between the two in theory source,application scope,right subject,procedure standard,legal relationship and the emphasis of procedure design are clarified,as well as the consistency in the nature of litigation,system purpose and litigation claim.The third part mainly discusses the possible problems in the operation of the two.From the four aspects of the connection of ecological environmental damage compensation litigation and environmental civil public interest litigation,the connection of ecological environmental damage compensation consultation and environmental civil public interest litigation,the connection of ecological damage compensation consultation and environmental administrative public interest litigation,and the external supervision of ecological environmental damage compensation consultation and litigation.The fourth part gives specific suggestions to clarify the two systems.Coordinate the relationship between several provisions as special provisions and general provisions of ecological environmental damage compensation litigation;integrate relevant norms,including consultation norms and participation norms;integrate the subject of litigation,and classify ecological damage compensation litigation as one of environmental civil public interest litigation stipulated in Article 55 of civil procedure law.Secondly,combined with the arrangement of the two kinds of litigation relations in several provisions,the order of different procedures is comprehensively clarified.Moreover,the procuratorate should give full play to the function of legal supervision,and urge the environmental protection administrative organs to perform their regulatory duties or start consultation procedures through pre litigation procuratorial suggestions.Strengthen the supervision of the judicial confirmation,trial process and consultation of the people’s court and the execution of the judgment results;finally,strengthen cooperation in the protection of the ecological environment,focusing on the establishment of notification procedures for environmental cases,strengthening the assistance and cooperation of specific cases and improving the evidence collection and transfer procedures.