Conflict And Coordination Between Ecological And Environmental Damage Compensation Litigation And Environmental Civil Public Interest Litigation

Since the establishment of ecological environment damage compensation litigation in 2019,it has inevitably been compared with environmental civil public interest litigation.Because there are a large number of similar provisions in the "two lawsuits",there is a possibility of conflicts between them,which also leads to confusion in the application of the "two lawsuits".When examining the practical situation,there are roughly three types of conflicts,namely the scope of application conflict of "two lawsuits",the relationship conflict of "two lawsuits",and the connection conflict of "two lawsuits".Based on existing theories and the manifestation of three types of conflicts,combined with existing regulations and practical practices,this paper proposes a legal and policy perspective to understand litigation from the perspective of the scope of application of ecological environment damage compensation litigation;From the perspective of understanding the relationship between "two lawsuits",the positioning of the relationship between "two lawsuits" is proposed;A connection rule for the "two lawsuits" has been proposed from the perspective of institutional connection to resolve conflicts and serve as a specific path for coordinating the "two lawsuits".The full text,excluding the introduction,consists of the following three parts:Chapter 1 introduces the origin of the "two lawsuits" and the correlation and differences between the "two lawsuits" at present.The origin of the "two lawsuits" can be divided into three stages: the stage of environmental infringement litigation,the stage of environmental civil public interest litigation,and the stage of "two lawsuits" in parallel.Based on the analysis of the "two lawsuits",this paper analyzes the "functional value correlation" and "theoretical basis correlation" of the "two lawsuits" from the perspective of their connection,affirming the similarity of the "two lawsuits".From the perspective of the differences in the "two lawsuits",it analyzes the differences in "different litigation subjects","whether there are different negotiation procedures","different scope of application",and "whether ecological damage is caused",clarifying the differences in the "two lawsuits",Provide sufficient theoretical support for the development of the following text.Chapter 2 specifically analyzes the manifestations and reasons that lead to the conflict between the two lawsuits.The conflict between the two lawsuits is mainly manifested in three aspects: the conflict of the scope of application of "two lawsuits",the conflict of the relationship between "two lawsuits",and the conflict of connection between "two lawsuits".By analyzing the conflict in the scope of application of the "two lawsuits",it is concluded that the main reason is the foundation of the right to request and the legislative path setting of the scope of application.By analyzing the relationship conflict between the "two lawsuits",it is concluded that the main reason is the ambiguity in the positioning of the "two lawsuits" and the ambiguity in the handling of the "two lawsuits" in competition.By analyzing the connection conflict between the "two lawsuits",it can be concluded that the main reasons are unclear division of labor in the pre litigation stage of the two lawsuits,the initiation of environmental civil public interest litigation in the negotiation stage,the priority of trial in the mid litigation stage,and whether to merge the trials.Chapter 3 proposes specific coordination paths for problem-solving.At the level of scope of application,it is proposed to understand the scope of application from the perspective of legal,political,and policy studies,as well as to make legislative improvements to existing legislation on the scope of application.At the same time,from the perspective of the relationship between "two lawsuits",a specific relationship positioning plan is proposed,including the proof of the nature of "public welfare",the understanding of the relationship between "two lawsuits",and the establishment of the "notification" rule.In terms of the connection issues at each stage,clear rules for the "two lawsuits" trial during the negotiation stage were proposed,priority trial rules were reshaped,and merger trial rules were determined.