Integration Of Marine Ecological Damage Litigation And Environmental Civil Public Interest Litigation

With the rapid rise of the marine economy,the state of the marine environment in our country is deteriorating day by day,which seriously threatens the sustainable development of the marine economy.In 2012,the environmental civil public interest litigation system was established for the first time in the form of law.The "two lawsuits" have enriched the remedies for marine ecological damage in parallel,but also caused inconsistencies.Under the severe situation of my country’s marine environmental pressure,resolving the operational conflicts under the parallel operation of the "two lawsuits" is an urgent environmental judicial work that needs to be carried out.The land-sea dual system is implemented in my country’s ecological environment damage compensation litigation.After a separate investigation and research on marine ecological damage compensation litigation,it is found that it overlaps with the system content of marine environmental civil public interest litigation,the applicable boundaries are not clear,and there is a convergence of negotiated norms.In addition,the marine environment regulatory authority,as the marine ecological environment regulator and the right holder of damage compensation,conflicts and weakens its administrative power in the interweaving with judicial power.Therefore,resolving institutional conflicts and stimulating the synergy of the two systems is the only way to improve the marine ecological damage litigation relief system.After in-depth analysis of the theoretical basis of the two litigation systems,it is found that the legal nature of the two systems is the same and the legal basis is homologous.Both are based on the protection of the public interests of the marine ecological environment.The institutional integration of the "two lawsuits" in the form of "merging two into one" is an inevitable trend for the future improvement of the legal system for marine ecological environmental protection,and it is also a realistic need for the return of the marine environment regulatory authorities to their own functions and the reduction of burdens and efficiency of judicial authorities.In the mode of integration,it should take environmental civil public interest litigation as the core and integrate it into a new sea-related environmental civil public interest litigation system.In terms of content,the first is the integration of negotiated norms.The negotiation mechanism for marine ecological damage compensation is coordinated with the litigation mediation and reconciliation mechanisms,and it is connected with the litigation procedures to ensure that the various mechanisms for marine ecological damage relief work together.Second,integrate the norms for the participation of the plaintiffs,ensure the priority status of the marine environment regulatory agency in litigation,and ensure that the participation of social organizations in the relief is guaranteed.Finally,integrate supporting norms and strengthen public participation and supervision in marine ecological protection.