Litigation Of Ecological Environmental Damage Compensation And Environmental Public Interest Litigation Study On Cohesion Mechanism

In the 40 years since the reform and opening up,China has relied on its huge natural resources and labor advantages to exchange the rapid development of China’s industrialization and urbanization with the "high investment,high energy consumption,high pollution,and low energy consumption" environmental resource overdraft development model.This kind of economic development model in which resources are exchanged for development will inevitably lead to ecological damage and environmental pollution problems,hindering the development of China’s industrial structure upgrade and ecological civilization construction.The destruction of the ecological environment and the continuous pollution problems have led to an increase in the number of environmental judicial cases.The existing ordinary environmental tort lawsuits and the newly established environmental public interest lawsuits are not sufficient to deal with many environmental judicial cases.It cannot provide timely environmental and environmental damage relief,such as after the country’s own natural resources are damaged and environmental emergencies occur,and China is facing the absence of related systems and claimants.Based on this,the lawsuit for compensation for ecological environmental damage arises at the moment,but as a new method of judicial relief for compensation for ecological environmental damage,it has a high degree of overlap with the existing environmental public interest litigation system.There is a confusion and conflict,and how the two as parallel systems are connected is related to the realization of the function of the overall ecological environmental damage compensation system.Therefore,this article focuses on the connection mechanism between the two types of litigation.Relevant extraterritorial experience provides a path reference for the convergence of the two types of litigation.The first part is the introduction.Firstly,the reason and significance of choosing the two types of litigation connection mechanism in this thesis are explained in detail.Then,the domestic and foreign literatures are carried out with the keywords of ecological environmental damage compensation,environmental public interest litigation and the connection between the two types of litigation.Finally,the main research methods used in the specific writing process of this thesisand the innovations and deficiencies that the paper personally considers are introduced.The second part is the justification of the connection between the compensation for ecological and environmental damages and the environmental public interest litigation.First,the two types of litigation mechanisms are analyzed from the aspects of concept,system,and benefit,and then the internal connection of the orderly connection between the two is summarized.On this basis,the theoretical basis of the connection between the two types of litigation mechanisms is analyzed,and the closed loop of the justification of the connection between the two types of litigation is completed.The third part is the dilemma of the connection between China’s ecological and environmental damages litigation and environmental public interest litigation.The intra-domain inspection system organized the legislative history of the two types of litigation systems and the existing norms for the connection of the two types of litigation.It also analyzed the two types of litigation in practice.The concrete cases of convergence are used to study the current situation of the connection between the two types of litigation systems in China.Based on this,the dilemma of the lack of notification procedures for the two cases and the lack of order of the two types of proceedings are summarized.The fourth part is the reference of foreign experience in linking the claims of ecological and environmental damages and environmental public interest litigation.The article specifically selects the three countries of the United States,the European Union and Russia,and hopes to analyze and draw lessons from the claims about ecological and environmental damages compensation and environmental public welfare.The related system and design concept of litigation connection provide experience and reference for the construction of the connection mechanism between the compensation for ecological environmental damages and environmental public interest litigation in China.The fifth part systematically constructs the linking mechanism between the lawsuit of compensation for ecological and environmental damages and the environmental public interest litigation.It discusses from the four principles of linking principles,legal linking,priority jurisdictional linking,and jurisdictional linking,and gradually outlines the concrete path of thetwo types of lawsuit linking.