On The Litigation Of Compensation For Ecological Environmental Damage And Environmental Civil Public Interest Litigation The Conflict And Coordination Of

The relationship between ecological environmental damage compensation litigation and environmental civil public interest litigation is a hot issue in judicial practice.The purpose of the system,the source of the right of action and the nature of the action tend to be the same,but there are some deviations in the subject of action,the premise of action and the scope of application,which inevitably lead to conflicts between the two in practice.If they are not coordinated,it will hinder the development of environmental law.The Supreme People’s court has issued relevant policy documents to preliminarily clarify the relationship between the two lawsuits.As a phased result of practical feedback,the policy documents are still general and rough due to the lack of fine and systematic normative design.From the expression of the relevant legal provisions and policy normative documents,they seem to be independent,smooth convergence,and go hand in hand.In fact,they are faced with the realistic dilemma of lack of convergence and system conflict in judicial practice.This not only limits the system function of the ecological environment damage compensation litigation,but also affects the further development of the environmental civil public interest litigation system.The coordination dilemma of "two lawsuits" is mainly reflected in the following aspects: first,the lack of connection provisions between the pre litigation procedure of ecological environment damage compensation litigation and environmental civil public interest litigation makes social organizations and procuratorial organs face an embarrassing situation when they file environmental civil public interest litigation;second,the priority rule of ecological environment damage compensation litigation puts environmental civil public interest litigation on the edge,which is harmful to society The third is the query caused by the independent application rules and reference application rules of "two lawsuits",which makes them face all kinds of confusion when applying the corresponding rules in practice.Theoretically,the inherent defects of the claim basis of ecological environment damage compensation and the dispute of the right of action in environmental civil public interest litigation are the key factors leading to the conflict between the two kinds of litigation.From the perspective of power,the system design of the two kinds of litigation leads to the logical evolution of the structural relationship between administrative power and judicial power,administrative power and supervision power.Under the existing institutional framework,in order to solve the coordination problem between the priority rule and the "two lawsuits",it is suggested to fine tune the "two lawsuits";in order to solve the confusion of the application of the rules,it is suggested to integrate the "two lawsuits" and optimize the legal relief system of ecological environment public interest.