Research On The Linking Path Between The Ecological Environmental Damage Compensation Lawsuit And The Environmental Civil Public Interest Lawsuit

The ecological environment damage compensation system has been piloted since 2015 and fully implemented in 2017,mainly consisting of consultation and litigation procedures,in parallel with the environmental civil public interest litigation system.The lack of smooth coupling between ecological environmental damage compensation litigation and environmental civil public interest litigation in judicial practice is the problem consciousness of this thesis,and many scholars and experts have not yet formed a unified understanding of this discussion.This thesis summarizes the relevant theoretical theories of the two lawsuits in the literature review section of the introduction.In the first part,a brief overview of the two lawsuits is provided,analyzing and comparing the nature,purpose of litigation design,methods of liability assumption,and scope of compensation,in order to identify the similarities and differences between the two lawsuits.In the second part,three cases are introduced to introduce three different handling methods for the connection between two lawsuits in judicial practice,identify the problems in the connection between the two lawsuits,and analyze the problems in the negotiation process.The third part analyzes the advantages and disadvantages of adopting a path of connection or integration between the two lawsuits,and the main considerations for the connection between the two lawsuits,such as joint trial or being listed as a joint plaintiff,handling of litigation requests,functional positioning of each litigation subject,and a brief analysis of the negotiation process by sorting out the connection modes of the two lawsuits.The fourth part proposes that the two lawsuits should follow a connecting path,by adding a consultation announcement procedure and constructing a collaborative platform centered on consultation.Consultation should take priority and the order of trial should be abolished.When the two lawsuits enter the litigation process,the court can merge the two lawsuits for trial.Emphasize the legitimacy of establishing a consultation announcement procedure and the specific setting of the consultation announcement procedure.Finally,it is proposed that the jurisdiction court for judicial confirmation cases through negotiation agreements should be the grassroots court,and suggestions are made for innovative ways of assuming responsibility.The core viewpoint of this thesis is to focus on leveraging the institutional value of consultation,by increasing the consultation announcement process,constructing a collaborative platform for various litigation subjects,allowing potential litigation subjects to participate in the consultation.Environmental civil public interest litigation should be suspended and the plaintiff should participate in the consultation process together.If the consultation fails,the two lawsuits should be merged for trial to solve the problems arising from the connection.