Study On The Coordination Of Environmental Civil Public Interest Litigation And Environmental Tort Litigation

With the implementation of environmental public interest litigation,the current situation of insufficient environmental public interest remedies has been improved,and a parallel system of environmental civil public interest litigation and environmental tort litigation has been formed.Environmental civil public interest litigation and environmental tort litigation show close correlation on the one hand,and many differences on the other.The natural integration of environmental disputes and the indirect nature of environmental damage determines that the procedural design of environmental civil litigation should be in line with the logic of environmental disputes.Environmental public interest and environmental private interest are not completely opposed to each other,but can be transformed into each other,and the boundary of their distinction is ambiguous.Such ambiguity makes the different interests in environmental damage cases inevitably appear intertwined.Under such circumstances,it is difficult to avoid the conflict between different lawsuits brought by the same ecological and environmental damage facts.Whether from the perspective of ecological civilization legal system construction,or from the perspective of synergistic development with substantive law,or based on the need to realize the procedural value,there is a need to study the coordination between environmental civil public interest litigation and environmental tort litigation before.From the perspective of legal regulation,environmental civil public interest litigation and environmental tort litigation are not only in contrast in number,but also in jurisdiction,plaintiff qualification,trial,compensation and the expansion of the effectiveness of the effective adjudication of several issues are to be coordinated.At the practical level,the data illustrate the potential disconnect between their development and the poor effectiveness of their remedies.The intertwined interests presented by the cases make the application of the environmental civil litigation system inevitably difficult to balance public and private interests,and also raise the risk of wasting judicial resources and contradictory judgments.After analyzing the current situation,we found that there is a conflict between "ecology and economy","public interest and private interest","litigation efficiency and procedural justice",and there is a conflict between the legislative logic of norms and environmental damage facts.The solution of related problems should also start from the root causes of the dilemma.Firstly,the value orientation of the system should be determined under the idea of value balance.Secondly,based on the value orientation,the green principle,the principle of risk prevention and the principle of loss minimization should be established as the basic principles for setting up specific systems and rules.Thirdly,choose the integration mode as the coordination way,and based on the consideration of legislative reform cost will be the main way of integration of two lawsuits.And then,the specific procedural design: through the pre-litigation notice to coordinate the two lawsuits in advance to the start of the lawsuit,the risk prevention front;flexible use of jurisdictional transfer,promote specialized jurisdiction to achieve jurisdictional unity;in the environmental damage on the basis of the second-order factual logic to build a step-bystep trial procedures to promote the synergy of procedural and substantive regulation;allow the effectiveness of the environmental civil litigation two-way expansion to enhance litigation efficiency;rationalization The order of compensation and the inapplicability of punitive damages in public interest litigation should be clarified in order to achieve coordination in compensation issues.In addition,it is also necessary to improve the coordination mechanism of the two lawsuits from three aspects:mediation of environmental civil litigation cases,construction of environmental information sharing platform,and management of compensation.