| In 2017,the civil litigation for public interests concerning environment which conforms to public interests was formally established in China and the remedy measures for protecting ecological environment were defined,too.Although it has been set up,the civil litigation for public interests concerning environment has not brought its role into full play owing to the limited social organizations that can file litigation.As to the problem above,the all-round protection of ecological environment has been enhanced in China to seriously punish environmental pollution and damages to environment.The Reform Plan for the Compensation System for Damages to Ecological Environment and the Several Stipulations on the Trial of the Civil Cases concerning Compensation for Damages to Ecological Environment issued by the Supreme People’s Court(Tentative)defines the compensation system for ecological environment damages respectively from state policies and legal application.In the Civil Procedural Law and the Interpretation to Some Issues concerning Applying Certain Laws in Trying the Civil Cases for Public Interests concerning Environmental Issued by the Supreme Court,it is regulated that public agencies and local social organizations can file a litigation concerning environmental public interests when public interests suffer from pollutions.If the agencies and organizations above do not file litigation,the procuratorial organs can bring a litigation as plaintiffs.The Civil Code,which was implemented in 2021,clarifies the legal responsibility for infringement caused by polluting environment.Nevertheless,there are still some problems existing in judicial remedy for the acts of polluting environment and damaging to ecology,such as the unclear division between the subject’s functions and responsibilities,the disorder of sequence in placing a case on file,the difficulty in distinguishing the objects of litigious remedy,which hinder the smooth operation and connection between two categories of cases in trial.Therefore,the author of this thesis holds that the function of the compensation litigation for ecological environmental damages should be considered as a kind of compensation while the function of the civil litigation for public interests concerning environment should be seen as both compensation and prevention.And the latter litigation should be taken as a base. |
