Study On The Plaintiff In The Lawsuit Of Ecological And Environmental Damage Compensation

With the continuous development of China’s economy,there are endless events of ecological environment damage.How to face and solve the damage to the ecological environment has become a general concern of the whole society.The 17 th National Congress of the Communist Party of China put forward the requirements for the construction of ecological civilization,and regard the construction of ecological civilization together with economic construction,political construction,cultural construction,and social construction as an important task for the comprehensive construction of a well-off society.The Eighteenth National Congress of the Communist Party of China incorporated ecological civilization construction into the overall layout of the "five in one" socialist cause with Chinese characteristics.Increasing the protection of the ecological environment from the judicial level has become the mainstream awareness of environmental protection in countries around the world.In terms of the current judicial status of ecological environmental protection in China,there is not only a relatively perfect environmental public interest litigation system,but also an ecological environmental damage compensation litigation system that is still in the exploration stage.The ecological environment damage compensation litigation system involves many issues including the scope of the plaintiff.It is not difficult to see from the example of the ecological environment damage litigation case: the definition of a qualified plaintiff plays a vital role in the smooth progress of the litigation.The research and discussion on the plaintiff issue of ecological environment damage compensation is conducive to the improvement of the ecological environment damage compensation litigation system,and thus to environmental protection and ecological restoration.Apart from the introduction and conclusion,this article has four chapters.The first chapter is an overview of the plaintiff in the ecological and environmental damage compensation lawsuit.Firstly,the concepts of eco-environmental damage,eco-environmental damage compensation litigation and eco-environmental damage compensation litigation are defined separately;secondly,the differences between eco-environmental damage compensation litigation and environmental civil public interest litigation and environmental administrative public interest litigation are compared.On the basis,it analyzes the difference between the plaintiff in the eco-environmental damage compensation litigation and the two major public-interest litigation litigants;finally,the theory of the eco-environmental damages litigation plaintiff is discussed from the perspective of environmental rights theory,the "President of the Public Prosecutor" theory,and public trust theory basis.The second chapter is an investigation and enlightenment of the relevant provisions of the plaintiff in the compensation litigation of ecological and environmental damage outside the territory.First,it introduces the legal provisions and judicial practice of the United States,Germany,and Russia related to the plaintiff in the ecological environmental damage compensation litigation.Second,it summarizes the enlightening role of foreign experience in improving the relevant provisions of the plaintiff in the ecological environmental damage compensation litigation.The third chapter is an important content of this article,the analysis of the problems and reasons of the plaintiff in the ecological environment damage compensation lawsuit in China.Firstly,starting from judicial examples,two problems in the plaintiff’s litigation of China’s ecological environment damage compensation litigation are elaborated,namely,the scope of the plaintiff is too narrow,and the qualified plaintiff does not act;The reason why the qualified plaintiff does not act is that the current legal provisions are obviously insufficient,and there is a lack of corresponding restraints and supervision mechanisms.The fourth chapter is a proposal for the plaintiff to improve China’s ecological environment damage compensation lawsuit.First,it puts forward legislative proposals to appropriately expand the scope of the plaintiff in the ecological environmental damage compensation litigation and conducts specific legislative provisions to demonstrate;second,advocates against the existing plaintiff in the ecological environmental damage compensation litigation,and establishes an effective restraint and supervision system to promote It actively acts and promptly resorts to litigation to protect the damaged ecological environment interests.