| The current legislation lacks a clear definition on the nature of the litigation of ecological damages,the lack of legislation causes the imperfection of the main mechanism system,the lack of perfect institutional arrangement of the litigation of ecological damages,in addition,the serious waste of judicial resources is due to the environmental damages litigation and environmental civil public interest litigation(hereinafter referred to as "two lawsuits")to form a certain "separation" and "separation" situation.On the basis of summing up the pilot experience,we should actively explore whether the litigation of ecological damages and environmental civil public interest litigation as a highly similar one are independent and parallel,or whether the two should be reasonably integrated to realize the perfection of the environmental litigation system.By analyzing the legal concept of "two suits",this paper combs out the problems arising from the parallel ity of the "two-suit" system,analyzes the current kinds of main views in the theoretical circle,analyzes the differences between the theoretical basis and the internal unity of the two,and finally concludes that the litigation of ecological damages is the sub-type of environmental civil public interest litigation.Therefore,the integration of the two is an inevitable trend.In the construction of "two-suit" integration of ideas and direction.First of all,to the purpose of litigation to integrate the "two lawsuits",the purpose of litigation is different,the subject of the lawsuit reflects the function is also different,at this time do not need to consider the issue of litigation.When there are three types of subjects have plaintiff qualifications in the same case,we should first return to the functionand and identity of their litigation,so as to explore the arrangement of litigation in accordance with their status and function,and realize the integration of "two lawsuits". |
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