Conflict And Coordination Between Compensation For Ecological Environment Damage And Environmental Civil Public Interest Litigation

In 2012,the Civil Procedure Law first provided for environmental civil litigation,followed by the adoption of the Reform Program of the Ecological and Environmental Damage Compensation System(the "Reform Program")in 2017,which aims to provide a sound legal guarantee for the construction of a green,harmonious,and shared good natural ecological environment.Such a system,based on pragmatic thinking,inevitably encounters the dilemma of insufficient theoretical supply because it arises from reality.However,in the concrete operation,there are also some problems,such as: not being able to clarify its scope,not being well integrated with environmental civil public interest litigation and a series of other problems.The analysis of the two types of litigation reveals many similarities between them,however,in practice,there are overlapping conflicts between the two litigation systems in terms of litigation order and rules of use.The current legislation does not effectively solve these conflicts,and in the integration,firstly,a clear definition of the attributes of the two,and secondly,an accurate definition of ecological damage lawsuit,so as to be able to effectively solve problems and guarantee the normal operation of the environmental protection system.This article analyzes the problems between the two lawsuits and their causes,based on which,we will propose a specific articulation program.The article starts from the basic situation of the two lawsuits and elaborates on the concept,characteristics and theoretical construction of the two.After an in-depth study,we find that ecological damage compensation litigation is very different from private interest litigation in terms of purpose,content,subject status and value orientation.The government filed the lawsuit with the purpose of safeguarding the interests of ecological environment rather than to obtain economic benefits,therefore,these two types of lawsuits should not be categorized as private benefit lawsuits.In order to protect people’s needs for a good environment and low-carbon ecology,ecological damage lawsuits have arisen.This kind of litigation is positioned as public interest litigation,and its purpose is to ensure the ultimate attribution of environmental public interests.According to the above analysis,we can propose a new approach to solve the interface between the two types of civil litigation mechanisms.China should incorporate ecological damage lawsuit into the environmental civil litigation,in order to complete the organic combination of the two lawsuits.