Research On The Cohesion Of Ecological Environmental Damage Compensation Lawsuit And Environmental Civil Public Interest Litigation

In 2017,China established a litigation system for compensation for ecological and environmental damages,but because it is a product of policies and is consistent with the scope of application and litigation purpose of the environmental civil public interest litigation system that has been explored,the two types of litigation frequently conflict in theory and judicial practice.This paper analyzes the overlap and difference between the two types of litigation,and puts forward the necessity of linking the two.However,although the Supreme People’s Court promulgated the Several Provisions on the Trial of Cases Involving Compensation for Ecological and Environmental Damage(for Trial Implementation)in 2019,which stipulates in Articles 16 and 17 the joint application of the two types of litigation in the judiciary,there are still unresolved practical dilemmas in judicial practice.Based on this,this paper summarizes and sorts out the existing legislative status and judicial status,extracts the problems that still exist in the process of connecting the two types of litigation,analyzes the corresponding reasons on the basis of the problems,and finally explores the path of the connection between the two types of litigation.In view of the problems that still exist in the connection between the two types of litigation,this paper starts the suggestions for the connection path from the following parts: First,in order to avoid the fragmentation and decentralization of ecological environment damage compensation litigation legislation,it is necessary to improve the legislative norms for ecological environment damage compensation litigation,formulate the Ecological Environment Damage Compensation Litigation Law through special legislation,determine the nature of ecological environment damage compensation litigation as "special environmental civil public interest litigation" in the core content of the legislation,and clarify the scope of application of ecological environment damage compensation litigation.It also stipulates the nature of the consultation and the specific operating procedures.Secondly,by constructing a legal system linking the two types of litigation,clarifying the ranking of the subjects after the convergence(administrative organs-environmental protection organizationsprocuratorial organs),integrating applicable rules,setting up a compensation system,unifying litigation jurisdiction,and strengthening public participation and supervision,the mechanism for linking the two types of litigation is optimized.Maximize the synergy of the two types of litigation,protect the public interests of the ecological environment,and promote the construction of China’s ecological civilization system.