Research On Civil Public Interest Litigation On Marine Environment By Non-Governmental Organizations

As Article 89 of the Marine Environmental Protection Law provides for the litigation rights of administrative organs,non-governmental organizations have encountered the problem of restricting the eligibility of plaintiffs when filing marine environmental civil public interest litigation.This has led to the inability of non-governmental organizations’ right to sue to achieve a unified planning of land and sea on environmental civil public interest litigation.In order to solve these problems,the study focuses on the comparative analysis of marine environmental civil public interest litigation and ecological environmental damage litigation,and analyzes the attributes of non-governmental organizations’ litigation rights in marine environmental civil public interest litigation.The study argues that the legal basis for non-governmental organizations to bring civil public interest litigation in the marine environment is based on a comparison between national interest and public interest,and that national interest is a public interest in the broad sense.Therefore,the lawsuit for compensation for ecological and environmental damage brought by administrative organs based on the state interest should be a special type of environmental civil public interest litigation.However,this type of litigation is not the same as marine environmental civil public interest litigation,and litigation brought by administrative organs under Article 89 of the Marine Environmental Protection Law is parallel to marine environmental civil public interest litigation brought by non-governmental organizations.The right of action granted to administrative authorities under Article 89 of the Marine Environment Protection Law does not negate the right of action granted to non-governmental organizations under the Environmental Protection Law and the Civil Procedure Law in relation to civil public interest litigation in the marine environment.Secondly,by analyzing the multiple plaintiff system in the environmental civil public interest litigation,the study summarized the prosecution status of administrative organs,non-governmental organizations and procuratorial organs in the marine environmental civil public interest litigation.The administrative authorities are given priority in filing lawsuits for compensation for damage to the marine ecology and environment,followed by nongovernmental organizations under Article 58 of the Environmental Protection Law,and finally by the procuratorial authorities in their capacity as legal supervisors.The study further argues that the structure of multiple plaintiffs in marine environmental civil public interest litigation,including non-governmental organizations,is justified by the arrangement of the prosecution position,and thus the legality and legitimacy of non-governmental organizations bringing marine environmental civil public interest litigation.