Research On The Cohesion System Of Environmental Civil Public And Private Interest Litigation In The Era Of "Green Civil Code"

On January 1^st,2021,China’s"Civil Code"officially began to be implemented.It is the first civil code in the world to stipulate the"Green Rules".In addition to the“green rule”,the Civil Code contains numerous“green clauses”,which provide strong support for the“greening”of the Civil Code.Thus,the“Green Civil Code”was born.This thesis analyzes the practical cases and actual development of environmental civil public interest litigation and private interest litigation,and concludes that there are problems in the connection between them,such as the division of the scope of the case,the difference in the subject,the unclear trial procedures,and the expansion of the retrospective force of the judgment.After analyzing the reasons and legal texts with the existing basic connection problems between the two litigation,combined with the value guidance of the current"Green Civil Code"and the value orientation of the connection between the two litigation,to propose the solution of the above problems.In response to the basic problems of the two litigation such as the unclear division of the scope of cases,from the perspective of distinguishing private interests,explore the value order between private interests and public interests,clarify the rules for the connection between public and private interest litigation,and propose the public-private integration value orientation of the"Green Civil Code";As for the difference of litigation subjects and the sequence of procedural connection,based on the philosophy of litigation law and the theory of litigation benefit,reconstruct the theory of the relationship between public interest and private interest and the difference theory between public interest litigation and private interest litigation;Based on the principle of accurate application of res judgment theory,it will deal with the expansion of res judgment in environmental civil public interest litigation;Based on the overall application of litigation benefit theory and environmental justice theory,it will deal with the joint part of the trial procedures of the two litigation,and provides theoretical support for the order of compensation for the two litigation.The specific path of system improvement includes taking the overall planning of the environmental civil public interest litigation system,laws,regulations and policy system as the center of substantive rule improvement,and standardizing the three-in-one standard of starting,running and guaranteeing the connection procedure rules of environmental civil public interest litigation.