Systematic Research On The Judicial Relief System For Ecological Environmental Damage

The judicial relief system for ecological environment damage is the sum of laws,regulations and policies for judicial relief of the ecological environment itself.The study of the systematic construction and improvement of the judicial remedy system for ecological environmental damage in our country is of great significance for protecting the ecological environment,safeguarding the environmental public interest,and realizing the strategic goal of sustainable development of the country.In order to make up for the lack of administrative relief for environmental damage,my country has initially constructed a judicial relief system that combines multiple litigation procedures with a view to achieving systematic protection of environmental public interests through coordination and cooperation between multiple subjects.However,due to the current lack of legal norms,the combined operation of multiple litigation procedures has not formed an ideal vision of collaborative and co-governance for ecological environmental damage,but has led to judicial practice facing a realistic dilemma of conflicts and intertwined.Specifically,the ecological environment damage government compensation system and the environmental civil public interest litigation system overlap,and there is a lack of procuratorial supervision in the ecological environment damage government compensation system,which leads to the poor connection of multiple litigation procedures in judicial practice.In addition,the current judicial relief system of ecological environment damage in our country emphasizes the compensatory relief afterwards in judicial practice,and the preventive judicial relief for ecological environmental damage is insufficient.In order to solve the real dilemma of the systematization of the ecological environmental damage judicial remedy system,realize its systematic operation,and play its dual role of prevention and remedy,it is necessary to integrate the ecological environmental damage civil judicial remedy system,improve the effectiveness of the government’s claim system,and implement the environmental protection principle of prevention first.Specifically,on the premise that the administrative agency has the qualification of the plaintiff subject through legislation,comprehensive adjustments to the ecological environment damage compensation system and the environmental civil public interest litigation system should be carried out,including the arrangement of the plaintiff subject’s order and the unification of negotiated norms and cooperate.In view of the government’s passive exercise of the right to claim for damage to the ecological environment,it is necessary to give full play to the supervision function of the legal supervision mechanism with the procuratorial organ as the main body.In order to further promote the implementation of the precaution-oriented environmental protection principle in judicial practice,the government needs to disclose information in a more timely and sufficient manner to provide preconditions for social organizations and procuratorial organs to carry out preventive judicial remedies against ecological environmental damage.At the same time,social organizations and people’s procuratorates should be allowed to file lawsuits for violations of environmental impact assessments,pollutant discharge standards,and other environmental protection regulations,so as to improve the operability of “significant risks” in the environmental civil public interest litigation system.