Study On The Judicial Relief Model Of Environmental Public Welfare Damage In China

China’s environmental rule of law system has made great progress after many years of construction,in recent years,especially in the construction of environmental public welfare damage judicial relief system has carried out a lot of bold innovation attempts.Moreover,since 2018,the ecological environment damage compensation system has been implemented nationwide.The judicial relief path is formed by the action of environmental civil public interest litigation,environmental administrative public interest litigation and ecological environment damage compensation.But the operation between the three lawsuits is not very harmonious.First of all,in environmental civil public interest litigation,the number of litigation filed by procuratorial organs is much higher than that of other plaintiff subjects,which to a great extent weakens the role that environmental protection social organizations should play.There are also defects in the system design of ecological environmental damage compensation litigation,which results in a large number of system overlaps with environmental civil public interest litigation and a serious lack of coupling degree.It can be seen that the three environmental public welfare relief models between the link is not smooth,their own.At present,the system design of ecological and environmental damage compensation litigation is still derived from the Reform Plan,with prominent limitations.Therefore,we must conduct comprehensive legislation on ecological and environmental damage compensation litigation,and systematically solve the connection between the two lawsuits.Through the reasonable redesign of the judicial relief system to a certain extent,it can form a relief mode mainly on environmental administrative public interest litigation and supplemented by other two lawsuits.To achieve this goal,we must improve the problems exposed by the environmental administrative public interest litigation.The biggest problem in the current environmental administrative public interest litigation is that the scope of the plaintiff is too narrow,so to expand the qualification of the plaintiff.In addition,focusing on the technical connection design between environmental civil public interest litigation and ecological and environmental damage compensation litigation,a variety of measures will jointly improve China’s judicial relief model for environmental public welfare damage.