Rethinking And Reconstructing The Priority Trial Model Of Eco-environmental Damage Litigation

In order to better protect citizens’ environmental rights and realize sustainable development.In 2015,the pilot scheme for the reform of ecological environment damage compensation system determined that the government can file ecological environment damage compensation litigation.Due to the high coincidence of the application of ecological environment damage compensation litigation and environmental civil public interest litigation,article 17 of the Supreme People’s Court Regulations on the Trial of Ecological and Environmental Damage Compensation Cases(for trial)establishes a priority mode of trial for ecological and environmental damage compensation lawsuits,specifying that when the government and environmental organizations file lawsuits at the same time for the same ecological and environmental damage,the ecological and environmental damage compensation lawsuits will have priority.It is found that this priority trial mode hinders the development of environmental civil public interest litigation,causes the failure of power coordination mechanism,makes the relationship between judicial power and administrative power chaotic,and may lead to the phenomenon of collusion between government and enterprises.In addition,the practice of this mode is not smooth.The case of Shandong Bohui Company,as the first case to apply this priority mode of trial,operated with unreasonable deprivation of the interests of environmental organizations,confusion in the application of law and factual findings,as well as a waste of judicial resources and an increased burden on the defendant.There are four main reasons for the above problems.First,the priority trial mode is not justified.Specifically,the determination of connection nodes is unreasonable,suspension of trial is unnecessary,and priority trial is not legitimate.Second,the priority hearing is not legal and the relevant legal provisions are vague.Third,there is no unified view on the nature of litigation right;Fourth,there are different judicial practices.In order to effectively link up the ecological environmental damage compensation litigation and environmental civil public interest litigation,relevant laws must further clarify the relationship between them.First of all,we should reconstruct the trial rules,determine the first to file a case for trial in case of separate prosecution,the combined trial in case of joint prosecution,and the rule of consultation first.Secondly,introduce the third party system;Thirdly,establish the suggestion report system.Through the above measures to promote cooperation between environmental civil public interest litigation and ecological and environmental damage compensation litigation,to achieve the institutional function of environmental public interest litigation.