The Comparative Study Of Ecological Damage Compensation Lawsuit And Environmental Civil Public Interest Litigation

In the ecological environment,not all environmental elements can become human property and realize possession.Natural resources,as an environmental factor that can bring economic value to human beings in the ecological environment,belong to the dual ownership of the state and the whole people according to the public trust theory and article 9 of the constitution of China.With the rapid development of social economy,it is contrary to the concept of sustainable development to blindly pursue the economic value of natural resources,ignore its ecological value and ignore the ecological environment without economic value.Therefore,the ecological value and economic value attached to such publicly owned environmental property should be paid equal attention to when protection and right relief are carried out.Ecological environmental damage compensation litigation and environmental civil public interest litigation are produced for the protection of the natural environment in two different aspects of value,and there is a high degree of overlap in the system design and scope of application,resulting in the poor connection between the two litigation procedures.The purpose of this paper is to design a legal,scientific,convenient and practical connection mechanism between the ecological environmental damage compensation litigation and the environmental civil public interest litigation,so as to solve the existing unreasonable problems in judicial practice caused by the confusion of their application scope and the coincidence of system design.Therefore,after clarifying the research background and significance of this paper,this paper first USES the method of case analysis and quantitative analysis,and classifies and summarizes the contradictions in typical environmental cases in recent years,which should be paid attention to in the final system design.Secondly,this paper USES the method of literature research to collect and sort out the works and dissertations related to the emergence and development of the two kinds of litigation at home and abroad.On this basis,it discriminates the theoretical sources of the ecological environment damage compensation litigation and the environmental civil public interest litigation,and proves that the theoretical basis of the two is not the same.After that,this paper USES the method of literature research to make a comprehensive comparative study,and shows that although the two types of litigation are different in nature,there is still a high degree of overlap in the system design from the aspects of litigation nature,subject,claim and factual basis of ecological environmental damage compensation litigation and environmental civil public interest litigation.Finally,the article has to the ecological environment compensation litigation relief has impaired the state-owned natural resources,and the role of the civil environmental public interest litigation is to protect environmental public interests,or has suffered damage as a cut-off point,will make a clear distinction between the two,and finally sort out both in the judicial practice in the priority and complement position,puts forward a systemic cohesive mechanism for both.