The Research On Sequence Design Of Claim Subject For Ecological Environmental Damage

In order to effectively deal with environmental pollution and ecological damage,China’s environmental justice system has been constantly updated and developed.On January 1,2018,the system of compensation for ecological environmental damage with the government as the main body of the claim began to be fully implemented nationwide,but it is consistent with the existing environmental public interest litigation system in terms of scope of application and function orientation.Based on this internal unity,there are many claims for ecological environment damage filed by social environmental protection organizations,procuratorial organs,governments and their authorized departments in protecting environmental public interests.Combing the relevant typical cases,we find that the court has different ways to deal with this situation,and the subject of claim falls into disorder in practice.From the two aspects of norms and practice,this paper makes clear that the current law causes certain difficulties to the order of the main body of the claim for ecological environmental damage and the main body lacks the power of claim.After that,the order design of the main body of the claim for ecological environmental damage is also regulated.Through the establishment of responsibility standards,the strongest environmental public interest standards and litigation economic standards,combined with the respective characteristics of the three main claimants in the eco-environmental damage compensation litigation,not only from the procedural measure of their order,but also constantly infiltrate the value objectives of eco-environmental restoration in the substantive law,to regulate the order of the eco-environmental damage claimants,and then make corresponding sequence arrangement:the government and its authorized departments with the responsibility and professional advantages are listed as the first claim for ecological environment damage compensation,the social environmental protection organization of the main force of ecological public welfare claim is listed as the second ranking,and the procuratorial organ is the third rank to do the last safeguard of ecological environment protection.In order to prevent the waste of resources and maintain the ecological environment effectively,the arrangement of the main body of the claim for ecological environmental damage is only a theoretical design,which should not be mechanical and rigid in judicial practice,it should be handled flexibly based on the basical principle timely and effectively.The main body of ecological environment claim between different rank should supply each other,and promote the mechanism of ecological environment damage claim to play its proper function with the coplaintiff,government supports prosecution,procuratorial authority workswell in the function of litigation supervision.