Review and improvement of the connection rules between ecological environmental damage compensation litigation and civil public interest litigation
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D925.1

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    Abstract:

    The Supreme People's Court's "Some Provisions on the Trial of Ecological Environmental Damage Compensation Cases (Trial)" is a staged result under practical rational feedback. Although it has initially clarified the theoretical and practical levels of ecological environmental damage compensation litigation and civil public interest litigation. Due to the failure to refine and systematically design the specifications, there are still many generalities and roughness. By using the method of legal doctrine to outline the construction of the connection between ecological environmental damage compensation litigation and civil public interest litigation, and examining the coupling with litigation systems under the current normative design, we can find that there are many system vacuums and system conflicts between ecological environment damage compensation litigation and civil public interest litigation, though both are in the ecological environment damage judicial relief system. It not only reduces the institutional function of consultation on compensation for ecological environmental damage, but also affects the enthusiasm of social organizations to participate in environmental governance, resulting in unnecessary waste of judicial resources. In order to further achieve effective connection, on the one hand, it is necessary to fill in the connection rules between consultation and civil public interest litigation, embed the principle of proportionality to limit compensation obligee's exercise of right of litigation, and clearly deny the legal effect of judicial confirmation; on the other hand, it is necessary to refine the connection rules of different types of civil public interest litigation, improve the supervision and coordination functions of the procuratorial organs, and establish the information mechanism and consultation mechanism between social organizations and administrative organs.

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向往,秦鹏.生态环境损害赔偿诉讼与民事公益诉讼衔接规则的检讨与完善[J].重庆大学学报社会科学版,2021,27(1):164~176

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History
  • Received:
  • Revised:April 11,2020
  • Adopted:
  • Online: February 01,2021
  • Published: