Study On The Connection Between Administrative Order Relief And Public Interest Litigation For Ecological Environment Damage

With the deterioration of China’s ecological environment,the attention of ecological environment damage relief is increasing day by day.The environmental law circle widely agrees with the participation of administrative power and judicial power in the relief of ecological environment damage,and forms two basic relief paths.In the face of environmental problems,it has gradually changed from the ex post relief focusing on judicial power to the priority relief mode dominated by administrative power.The field of administrative power relief rarely uses environmental administrative orders,prefers other relief methods,and the environmental administrative organs confuse the use of administrative order relief means in practice.Although China’s Supreme People’s court clearly standardized the causes of administrative cases in 2004 and considered and adopted the Interim Provisions of the Supreme People’s Court on the causes of administrative cases in 2020,which took administrative orders as a way of juxtaposing with other administrative acts,there are still problems such as vague specific scope,weakening and concealing the remedial function and so on.At the same time,the public interest litigation system dedicated to the relief of ecological environment damage has not achieved the desired effect of the society,the intervention conditions of administrative power and judicial power are not clearly divided,and the lack of connection system between the two relief paths leads to the coincidence and conflict of remedial responsibility.With the legalization of China’s ecological environment damage compensation system,on the basis of system construction,the research on the linkage and coordination between administrative order relief and public interest litigation needs to attract our great attention.By comparing the advantages and disadvantages and functional positioning between the two paths of administrative order relief and public interest litigation for ecological environment damage,and based on the status of the leaders of the relief path,the characteristics of ecological environment damage and the practical needs of the relief methods,the connection between administrative order relief and public interest litigation for ecological environment damage in China should be dominated by the administrative order relief path led by administrative power,supplemented and supplemented by the public interest litigation led by judicial power,And improve the relevant legislation and system of our country,so as to realize the effective connection and functional complementarity of multiple relief paths of ecological environment damage compensation.