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

As China attaches more attention to the construction of ecological civilization,it has achieved remarkable achievements in controlling environmental pollution.However,there are still many “hard nuts”.The problem of “enterprise making pollution,government paying the bill” has always held back the work of environmental governance.Therefore,it is difficult for the government to use traditional regulation means to deal with hidden and complex new environmental problems.The compensation system for ecological environmental damage came into being with the aim to solve this chronic problem.This method allows the government to carry out damage compensation for environmental public interests by means of judicial means.However,due to the imperfect design of relevant cohesion rules,there are many institutional collisions between the system and civil public interest litigations on the environment.For the same fact of environmental damage,qualified plaintiff subjects of the two systems all have rights to prosecute,which also leads to specific problems such as the syn-position of litigation,the repeated collection of evidence by all parties and the overlapping of litigation claims.They not only nibble limited judicial resources but also goes against the original design intention that the two systems should go hand in hand.Therefore,it is urgent to standardize the inter-procedural coordination mechanism.This paper aims to gradually shape administrative means for ecological and environmental damage and optimize judicial path governance behavior models.In the short term,this paper,from the perspective of interpretation,aims to provide feasible reference solutions for urgent and difficult problems in the connection.In the medium and long term,this paper will make a stable institutional arrangement for the two types of litigation in their jointly governing the ecological environment.It is hoped that we can steadily shape the governance mode of ecological environmental damage.The paper mainly consists of three parts:The first part selects two relevant representative cases,summarizes disagreement and dispute focuses in the cases and extracts three focal legal problems,including the conflict of litigation rights,the connection of litigation sequence and the poor connection of evidence.The second part of the article focuses on the analysis of key legal issues.Firstly,the reasons for conflicts of litigation rights are analyzed,and the advantages and disadvantages of various theories of litigation rights are evaluated to establish the author’s perspective for subsequent discussions.Secondly,the gaps in the provisions for the priority of litigation in two types of lawsuits are examined,and the author proposes an arrangement for the priority of litigation based on the practical implementation of the current regulations.Finally,the reasons for issues in evidence linkage are analyzed,and the key steps in evidence linkage are examined to propose a mechanism for evidence linkage.In the third part,the insights gained from the analysis and discussion of the key issues are integrated to provide suggestions for regulating legal relationships between the parties involved in the two types of lawsuits from a subjective perspective.Additionally,a proposal is made for establishing an ecological environment for public interest relief by establishing administrative regulations and following a progressive governance path through a model of administrative regulation and judicial review.