Study On The Issue Of Civil Public Interest Litigation On Marine Environment Initiated By Marine Environment Regulatory Authorities

The ocean breeds life and is of great significance to the survival and development of mankind.Our Party and our country attach great importance to the construction of marine ecological civilization,have formulated a complete legal system for the protection of the marine environment,worked hard to implement the sustainable development goals of the oceans,and strived to build a strong ocean.Since the revision of the Marine Environment Protection Law in 1999,the Marine Environment Regulatory Authority has actively explored civil public interest litigation in the marine environment and has played an important role in the field of marine environmental protection.At present,scholars and judges have different views on the nature and submissiveness of proceedings brought by the Marine Environment Regulatory Authority under article 89,paragraph 2,of the Marine Environment Protection Act.Therefore,the study of civil public interest litigation brought by the marine environmental supervision organ is not only beneficial to the development of the overall theory of public interest litigation,but also can provide useful reference to judicial practice.This paper is composed of introduction,body and conclusion.The body part is divided into five chapters:The first chapter analyzes the current status of proceedings brought by the Marine Environment Regulatory Authority under Article 89 of the Marine Environment Protection Act by combing through the cases of the Marine Environment Protection Act of 1999 to September 2019.It is proposed that the marine environment regulatory organ raises the marine environment civil public interest litigation with unclear nature,the key consideration of the prosecution is not operational,and the definition and expression of the subject of the prosecution lag behind the practice of reform.The second chapter,through the purpose interpretation of article 89,paragraph 2,of the Marine Environment Protection Law,historical interpretation and other methods of legal einterpretation,through the "national interest" and "social public interest" concept of comparative analysis,the marine environment regulatory authority in accordance with the Marine Environment Protection Act Article 89 The litigation brought and the comparison of similar litigation forms such as the action of compensation for damages for the ecological environment and the "state private interest litigation" shall put forward the view that such litigation initiated by the marine environment supervision organ shall belong to the public interest litigation.The third chapter,Analyzes the need for the marine environment regulatory organ to bring civil public interest litigation of the marine environment from the marine environment supervision organ,the deficiency of marine ecological environment law enforcement,and the need for the marine environment supervision organ to file public interest litigation to heal and remedy and the construction of marine ecological civilization,and analyzes the necessity and legitimacy of the marine environment supervision organ to bring civil public interest litigation of the marine environment.The fourth chapter,After clarifying the nature of litigation,the analysis is the right to bring the proceedings between the three subjects of marine environmental public interest litigation.Through the prosecutorial humility,it is concluded that the procuratorial organ should be in the final position,and through the analysis of the legal duties of the marine environment supervision organ and the practical difficulties of environmental protection organizations,it is concluded that the prosecution of the marine environment supervision organ is superior to that of environmental protection organizations.The last chapter responds to the questions raised in Chapter One from the consultation mechanism for compensation for marine ecological environment,the amendment of the relevant provisions of the Marine Environment Protection Law,the promotion of individual legislation in public interest litigation,and the improvement of the litigation level of the marine environment supervision authority,and makes suggestions for improving the marine environment supervision organ’s civil public interest litigation in the marine environment.