Study On The Coordination And Optimization Of Environmental Civil Public Interest Litigation And Ecological Environmental Damage Compensation Litigation

In the current judicial remedy system for ecological and environmental damages,a dual-track operation mode of parallel environmental civil public interest litigation(hereinafter referred to ECPIL)and ecological environmental damage compensation litigation(hereinafter referred to as two suits)has been formed.Through the analysis of the typical cases involving two parallel litigation found that,even though the 2019 "a number of provisions",for the interface between the two litigation issues to do the initial provisions,but due to the rough interface specification,still failed to effectively resolve the two parallel litigation may face the coordination dilemma,such as the suspension clause to deprive non-government organization(NGO)of the right of action,administrative consultation and the lack of interface between ECPIL,the two litigation burden of proof rules and jurisdictional rules conflict.Based on this,this paper intends to analyze the coordination difficulties of two parallel lawsuits in judicial practice,and return to the two lawsuit system and theoretical analysis of the causes,trying to put forward the optimal coordination of two parallel lawsuit path.This paper has four chapters in addition to the introduction.The first chapter "Raising the issue of coordination of the two suits".This chapter is mainly to put forward the two parallel coordination difficulties.First,by comparing and analyzing the "several provisions" before and after the introduction of typical cases,to understand the status of the two parallel,found that "several provisions" failed to effectively achieve the interface between the two litigation,the two litigation is still parallel poor.Secondly,the specific analysis of the coordination of the two lawsuits hindered: the suspension clause triggered disputes,administrative consultation and ECPIL lack of articulation norms,the two lawsuits to prove the burden of proof rules and jurisdictional rules conflict.The second chapter "the mechanism of the generation of two parallel poorly".This chapter mainly discusses the causes of the poor operation or conflict between the two suits.First of all,regain the legal text of the two suits,found that the scope of application of the two suits,the purpose of litigation and litigation request overlap is the main reason for the conflict.Secondly,analyzing the theoretical basis of the two lawsuits,we found that the blurred attributes of ecological environmental damage compensation litigation is the root cause of the conflict.Chapter 3,"The logical premise and basis for coordinating two lawsuits in parallel.This chapter discusses the premise and basis for optimizing the coordination path of the two suits.First of all,the premise of coordination is to return to the legal text of the two suits,clarify the differences between the design of the two suits,and recognize the functional positioning of the two suits system.Secondly,the essence of the coordination of the two appeals is the coordination of the relationship between administrative power,judicial power and supervisory power.Chapter 4,"Coordinated and optimized solution for two complaints in parallel".This chapter is to talk about the optimal path to coordinate the two parallel.If the two lawsuits are not essentially different,the two will be integrated into one to resolve the conflict,but the basis of the two different rights,unique functions,that the two should be parallel,coordination focus on a reasonable division of labor.First,the partial repair of the two litigation rules,that is,the first trial debate as the node of flexible application of the suspension clause,set the consultation announcement system and NGO prosecution of the preceding procedures,unified two litigation burden of proof rules and jurisdiction rules.Second,the overall synergistic optimization of the two lawsuits,that is,the examination of the two lawsuits,from environmental risk prevention to environmental damage after the relief,re-examine the division of labor between the two lawsuits.