Exploration On The Combined Trial Mode Of Environmental Civil Public And Private Interest Litigation In China

The construction of an ecological civilization under the rule of law that "harmoniously coexists between man and nature" requires not only improving relevant legislation,but also improving the environmental litigation and dispute resolution system.Environmental civil litigation is an important way to resolve environmental disputes,and China’s existing legislative provisions and judicial trial practice adopt a dual-track trial model that separates environmental civil public and private interest litigation.This dual-track trial model is inconsistent with the specific facts of environmental infringement,so it is necessary to explore the consolidation of environmental civil public and private interest litigation in the same environmental infringement.There are some drawbacks in the dual-track trial mode of environmental civil litigation,which lacks the concept of overall ecological protection and deviates from the mechanism of environmental infringement.In terms of litigation,when the same environmental infringement is still tried separately,there will be problems such as mutual obscuration of environmental public and private interests and low litigation efficiency.There are relevant theories in the academic circles about the combined trial of public interest litigation and private interest litigation,which can be summarized as the joint combined trial mode and the integrated combined trial mode.The articulation merger trial mode includes forced merger theory and mixed merger theory;The integrated merger trial mode includes the theory of the claim right of the other entity,the theory of litigation undertaking,and the theory of litigation trust.In terms of the comparison of the two modes of joint trial in theory,legislation and judicial trial,the cohesive joint trial mode has certain advantages.The linkage joint trial mode is based on following the dual-track trial model,and the environmental civil public and private interest litigation is filed for the same environmental infringement.There are certain institutional foundations for constructing a cohesive joint trial model,including a factual basis,a procedural basis,relevant existing litigation systems,and an extraterritorial consolidated trial system.Regarding the specific structure of the linkage combined trial model,two points should be clarified,one is the specific content of the connected combined trial model,and the other is the specific procedure for constructing the linkage combined trial model from four aspects: litigation jurisdiction,acceptance procedures,trial process,and implementation supervision and implementation.The linkage combined trial model can provide a reference scheme for the integrated relief of environmental civil public and private interest litigation,which meets the reform requirements of environmental justice specialization.