| After determining the environmental civil public interest litigation system in 2012,China carried out the pilot work of ecological damage compensation litigation system in2015,and formally established the ecological environmental damage compensation system in 2017.Whether in laws or policy regulations,it can be seen that the makers intend to design the two systems as independent,cooperative and complementary,but in practice,they are in conflict with each other and restrict each other.How to solve the conflict of competition and cooperation and give full play to its system value is both a hot topic in academic circles and a difficult point in judicial practice.Based on the ecological environment compensation system and the competition status of environmental civil public interest litigation system as a starting point,analysis the concept of competition,and both are now in the legal subject,scope,the manifestation of concurrence of legal liability,etc,and points out the current judicial predicament facing both when applicable,provide theoretical support for below.Secondly,this paper analyzes the existing solutions and points out the deficiencies and defects of the existing theories and theories,that is,they can only play a temporary role in the conflict between the two,and can not be effectively separated from the two fundamentally,so as to solve the problem of competition and cooperation at the root.Thirdly,from the legal nature and function of the two,as well as the construction of the current system and legal system,analyzes the root of their competition and cooperation.Finally,the author puts forward that the function of the system should be taken as the basis to distinguish the two by exploring the value of the system,and on this basis,the construction of the legal system should be strengthened,so as to solve the problem of competition and cooperation between the two at the root. |
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