The Connection Between Environmental Civil Public Interest Litigation System And Ecological Environmental Damage Compensation Litigation System

In order to better protect the ecological environment to strengthen the construction of ecological civilization.After environmental civil public interest litigation,ecological environmental damage compensation litigation has been set up.However,at present,due to the imperfect design of the two types of litigation system,the unclear cohesion rules,the legal provisions on the cohesion of the two types of litigation are not perfect,and the handling results of local courts are different,leading to the poor cohesion of the two types of litigation in judicial practice,the waste of judicial resources,and the reduction of judicial authority.The connection between the two types of litigation systems is feasible both in theory and in practice.Based on the demonstration of the necessity and feasibility of the connection between the two types of litigation systems,this paper further sorts out the current situation of the connection.At present,there are mainly two theoretical theories to solve the problem of the conflict between the two types of litigation.Second,the theory of separation and connection.Through sorting out the provisions on the articulation of two actions in legislation,based on the theory of articulation of separation,we find its shortcomings.First,the ecological and environmental damage consultation procedures overlap with mediation and reconciliation functions.As the pre-procedure of ecological environmental damage compensation litigation,consultation is not limited by law,which may lead to the coexistence of consultation,mediation and reconciliation.Second,there is a lack of effective linkage mechanism between the consultation procedure and environmental civil public interest litigation.The ecological environment damage compensation lawsuit was brought after the negotiation failed,and the law did not make any restrictions,which may lead to the conflict between the two kinds of litigation system.Third,the application boundary of the two types of litigation system is unclear.The legal provisions on the scope of application of ecological environmental damage compensation litigation exist,and the public have different cognition of the severity,leading to repeated relief.Fourth,the compensation management of the two types of litigation is unclear.There is no uniform provision in the law on who should manage and how to apply the compensation and management funds obtained from environmental civil public interest litigation.In order to give full play to the functions of the two litigation systems and solve the problem of imperfect connection between the two litigation systems,this paper puts forward the following suggestions for the above problems.First,establish a unified dispute settlement mechanism.The consultation is regarded as the pre-procedure of environmental civil public interest litigation,and every subject with the right to file a lawsuit is invited to participate in the consultation procedure.The document inviting the subject with the right to file a lawsuit to participate in the consultation procedure is regarded as the material to be submitted for filing an ecological environmental damage compensation lawsuit or environmental civil public interest litigation.Second,establish a public notification system in consultation.Make public the time and place of the consultation and the content of the agreement to ensure that all parties participate in the agreement to avoid the conflict of the content of the agreement and the occurrence of repeated relief.The order of action for the two types of litigation after the negotiation fails can be designed according to the degree of impact of environmental damage on society.Third,clarify the applicable limits of the two types of litigation.The backstop clause stipulated in Article 3 of the Reform Plan for the Compensation System for Ecological and Environmental Damage(hereinafter referred to as the Reform Plan)shall be deleted.Fourth,establish a comprehensive fund supervision mechanism.Special funds shall be set up by specialized organizations,and relevant personnel of the courts shall be invited as administrators of special funds.Damages shall be collected uniformly by the government and handed over to special funds.Clarify the specific use of compensation,one is the emergency type of fund.Second,ecological restoration funds.Third,rescue funds.To sum up,the thorough study of the two kinds of litigation systems is helpful to consolidate the construction of ecological civilization system.