On The Same Environment Combined Trial Of Environmental Civil Public Interest Litigation And Private Benefit Litigation

The continuation of human civilization benefits from the nurturing and legacy of nature.We should cherish and appreciate all this."Civil Procedure Law" and"Environmental Protection Law" and related judicial interpretation amendments have further improved China’s environmental civil public interest litigation system,but due to the interactive,diffuse and uncertain characteristics of environmental violation cases,plus most scholars Focusing on the perspective of the departmental law and the lack of a comprehensive understanding of environmental issues,environmental damage relief procedures are not tailored in the design of the core system.my country currently adopts an independent path for environmental civil and private interest litigation.When the court accepts both public interest litigation and private interest litigation caused by the same environmental tort,the court cannot jointly review the two.However,public and private lawsuits under the same environmental infringement have strong commonality in case facts,lawsuit requests,evidence and certification.If the two lawsuits are conducted separately,it is not conducive to saving judicial resources and improving trial efficiency.The environmental resources themselves have the characteristics of public value,which shows that public and private benefits are not completely separated.Therefore,it is better to focus on the coordination of the two lawsuits to better improve the environmental infringement litigation and relief mechanism.The path of environmental public and private interest litigation integration is based on the existing civil litigation system.Through the construction of litigation mergers and litigation enforcement rights and other systems,related civil disputes can be resolved in a litigation process,breaking the environment The pattern of separation of public and private benefits of infringement relief is conducive to saving judicial resources and making up for the lack of relief.This article is mainly divided into four parts,the introduction part introduces the origin of the problem;the second part expounds the concepts of environmental civil public interest litigation and environmental private interest litigation,and defines the relationship between the two.Through the case analysis of the appearance and operational dilemma of the two trials in judicial practice,the use of legislative provisions and the views of domestic and foreign academic circles to respond,put forward the path of environmental public and private interest litigation;the third part The discussion of ecological holism theory and the commonality of the two cases in the facts,evidence,and claims of the two cases have laid the foundation for the realization of the two-litigation fusion model;Part Ⅳ,stipulates the specific operations of the two-litigation fusion model To achieve the integration of litigation by establishing a mandatory merger system for litigation,empowerment of litigation enforcement powers,and expansion of judgments,with a view to guiding the actual situation.This paper hopes to design a civil litigation procedure under the same environmental infringement,form a public and private interest litigation fusion relief path,and construct and improve related supporting systems and rules to achieve judicial protection of national interests and social public interests,and to speed up our country The process of legalization of ecological civilization.