The Research On The Coordination Between Ecological Damage Compensation Litigation And Environmental Civil Public Interest Litigation

In order to further solve the problems such as environmental pollution and public victimization caused by long-term damage subjects in the field of ecological environment damage,our country established the compensation system for ecological environment damage from the policy and institutional levels.This also makes the concrete judicial practice,there are two parallel relief modes for the damaged ecological environment,namely ecological environmental damage compensation litigation and environmental civil public interest litigation.The environmental civil public litigation has formed a perfect system for many years.The introduction of compensation system for ecological environmental damage litigation also makes judicial relief in the field of ecological environmental damage more comprehensive,which improves the level of ecological environmental protection in our country.However,in the practical application process,due to the high similarity between the two litigation systems and the unclear judicial rules,there is a certain overlap and concurrence between them.Based on the empirical analysis of ecological damage compensation litigation and environmental civil public interest litigation concurrence,it is believed that the reasons of ecological damage compensation litigation and environmental civil public interest litigation concurrence are mainly reflected in the following aspects: the imperfection of relevant legal norms,the concurrence of the basis of claims,the unclear division of the scope of application and the imperfection of procedural provisions.On the basis of existing problems,it is necessary to reasonably learn from the experience of developed countries outside the region in relief of ecological and environmental damage.Through perfecting the legislation of eco-environmental damage compensation system,optimizing the specific coordination rules of the two litigation systems,clarifying the scope of use of the two lawsuits,improving the centralized jurisdiction system of the two lawsuits,establishing the eco-environmental damage compensation fund,strengthening the supervision of the implementation of eco-environmental damage restoration and other ways to cooperatively improve the relief path of the two lawsuits.So that the two parallel,give full play to the advantages of the attributes,really form the system joint force,so as to save judicial resources,strengthen the ecological environmental damage relief ability,protect our ecological environment to provide due value and significance.