Connection between ecological environment damage compensation litigation and environmental public interest litigation
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D92.68;D925

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    Abstract:

    In the current judicial practice, the relief of ecological environment damage in China adopts a "double-track" model in which both ecological environment damage compensation litigation and environmental public interest litigation are applicable. Through the analysis of typical cases, it can be found that the current legislation fails to provide a clear normative guideline for resolving the institutional "collision" between ecological environment damage compensation litigation and environmental public interest litigation, consequently the "two litigations" often fall into the dilemma of jurisdiction conflict and connection. The vague nature of ecological environment damage compensation litigation and the lack of relevant legislative provisions are the root causes for the dilemma. Therefore, on the premise of accurately identifying the nature of the ecological environment damage compensation litigation, the core specifications such as the sequence rules between the "two litigations" and the subject of claim mechanism should be clarified through legislation. Specifically, in the future, in China we should clarify the sequence rule that ecological environment damage compensation litigation is superior to the environmental public interest litigation, and establish a progressive claim subject structure of "administrative organ-environmental organization-procuratorial organ", in order to maximize the institutional synergy of the "two litigations".

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彭中遥.论生态环境损害赔偿诉讼与环境公益诉讼之衔接[J].重庆大学学报社会科学版,2021,27(3):169~180

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  • Received:
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  • Online: June 09,2021
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