Study On The Connection Mechanism Between Ecological Environment Damage Compensation Litigation And Related Litigation

Since the ecological environment damage compensation litigation has been fully implemented from the local pilot,the connection between it and the related litigation has always been one of the hot issues;among them,the relationship between environmental civil public interest litigation and ecological environment damage compensation litigation is mostly discussed.Four years after the implementation of eco-environmental damage compensation system,in 2019,the Supreme People’s Court issued the “Several Provisions on Trial of Eco-environmental Damage Cases（Trial）”,which preliminarily stipulated the connection system between ecological environment damage compensation litigation and environmental public interest litigation,but the rules are too general.It simply stipulates the order connection between the litigation phase of two lawsuits,without considering the stage of the case in the practical process.It also ignores the existence of “pre-negotiation”,which lead to an “institutional vacuum” between the“negotiation”of ecological environmen damage compensation and environmental interest litigation.This not only affects the development of the eco-environmental damage compensation system but also is not conducive to saving judicial resources.Looking at the connection between ecological environment damage compensation lawsuits and other related lawsuits,there are currently no relevant regulations in our country’s legislation and judiciary.In order to give full play to the advantages of ecological environment damage compensation litigation,make it reasonably connected with related litigations.Taking the ecological environment damage compensation lawsuit as the starting point,this paper expounds its basic theory and relevant judicial practice;and then fully compares and analyzes the ecological environment damage compensation lawsuit and related lawsuit from the aspects of the subject of the lawsuit,the procedure operation,and the burden of proof.On the basis of the existing cases,the problems existing in their connection are drawn.Finally,a flashback method is used to analyze the ecological environment damage compensation litigation and social organization environmental civil public interest litigation as examples,and draws a staged sequence rule,which can be applied to other litigations for reference.Combined with relevant cases,judicial practices and local normative documents,The best trial mode for ecological and environmental damage compensation cases is obtained-first the people and then the punishment,and proposes to broaden the clues of the source of ecological and environmental damage cases to further ensure the effective connection,hopingr to promote the improvement of the ecosystem public interest litigation system.