Obstacle To Action And Path Optimization Of Marine Environmental Public Interest Litigation Brought By Chinese Social Organizations

General Secretary Xi Jinping clearly pointed out in the report of the 19th National Congress that "We should continue to promote the integration of land and sea and speed up the construction of a strong ocean state".With the continuous development of China’s marine economy,more and more marine activities are frequently carried out,resulting in repeated damage to the marine ecological environment,and the marine environmental public interest litigation system is a very effective way to solve this situation,which can remedy various marine environmental damage,and further promote the participation of the whole society in environmental protection,it is a powerful legal weapon to prevent and punish the destruction of the marine environment.It is a powerful legal weapon to prevent and punish damage to the marine environment,so it is extremely urgent and important to build up a marine environmental public interest litigation system in China.However,there are many obstacles in the actual operation of this system,including: first,the willingness of social organizations to sue is relatively low,only30% of organizations will use this type of litigation as the main means to defend their rights;second,the source of marine environmental damage cases is complex,the difficulty of evidence collection,the majority of social organizations do not have enough evidence;third,the cost of social organizations to file lawsuits is very high,such cases usually cost millions of dollars.The cost of such cases usually reaches millions of dollars,and social organizations are usually unable to afford it and are forced to terminate the lawsuit.The first external obstacle is the rigid application of general law and special law.China’s Environmental Protection Law clearly stipulates that social organizations that meet the conditions for litigation in environmental pollution cases can file lawsuits,but focusing on the provisions of the marine sector,the Marine Environmental Protection Law(hereinafter referred to as the "Marine Environment Law")stipulates that the main body that can file lawsuits in marine pollution cases is the marine environmental supervision and management department.This seemingly conflicting provision is the root cause of the problem.In addition,the courts generally deny the eligibility of social organizations as plaintiffs,so the existing law is relatively high for the subject qualification of social organizations.In response to the above problems,through the excellent experience of foreign countries,it can be optimized through two paths at the international and domestic levels.At the international level,many international conventions and supplementary agreements have clarified that social organizations are qualified to participate in litigation as subjects,and the article discusses the litigation value of social organizations from several angles through the Japanese nuclear waste water discharge incident.At the domestic level,on the one hand,the controversy between the Marine Environment Law and the Environmental Protection Law needs to be clarified,as well as the prosecution of various subjects of marine environmental public interest litigation,such as marine environmental regulatory departments,procuratorates,social organizations or some individual citizens,and their prosecution position needs to be further clarified;on the other hand,the access threshold of social organizations needs to be lowered,and the corresponding supporting policies need to be improved,in order to promote On the other hand,it is necessary to lower the entry threshold of social organizations and improve the corresponding policies to promote the deepening and implementation of marine environmental public interest litigation.