Parallel and integration of environmental civil public-private interest litigation in China
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D925.1;D922.68

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    Abstract:

    At present, the parallel mode of environmental civil public-private interest litigation is adopted in China's legal system. The parallel model focuses on the difference between public and private interests of the environment so as to carry out targeted interest maintenance. Although it seems that the purpose of the lawsuit is clear and meets the needs of environmental rights and interests relief, it actually ignores the overall characteristics of the environment, not only is not conducive to sorting out the facts of the case, but also easy to cause the waste of judicial resources and even contradictory judgments. Facing the disadvantages of the parallel mode, some scholars in China put forward the fusion mode of compulsory merger, mixed coexistence, additional entity claim right, litigation trust, litigation responsibility of environmental civil public-private interest litigation. The fusion mode is discussed from the two aspects of litigation merger and litigation enforcement right fusion respectively. But there are still some problems, such as the neglect of the litigant's right to choose, the imbalance of public and private interests and the repeated identification of responsibility. With the continuous progress of ecological civilization construction, people's need for a better life prompts more people to pay attention to environmental quality, and the number of environmental public interest lawsuits is increasing day by day. Based on the correlation, latent characteristics of environmental problems and the staged mechanism of environmental infringement, the intersection of environmental public interest and private interest in environmental litigation makes the integration of environmental civil public-private interest litigation an inevitable trend. In respect for the integrity of environment, taking the balance of environmental public interest and private interest as the principle, combined with the reality of China, with the procuratorial system with Chinese characteristics as a hub, making full use of the supervision power and the environmental civil public interest litigation right of the procuratorial organs, to establish a new fusion model of environmental civil public-private interest litigation will be good for realizing the litigation purposes. The new integration model emphasizes the public interest litigation efficiency of procuratorial organs, strives to put forward public and private interest claims generated by the same fact in the same period of time, and hears them together according to the combination of lawsuits. Then, in the identification of responsibility, attention should be paid to the integration of public and private interest, so as to realize the fair distribution of responsibility. The new integration mode respects the litigant's litigation rights, avoids the repeated identification of liability, saves litigation resources and improves litigation efficiency, which can be regarded as an ideal choice for environmental civil public-private interest litigation. Of course, this model is still in the preliminary stage of theory, and it needs to be constructed from the litigation system, supervision mechanism and cooperation in order to be truly practical, so as to lay a foundation for further research on environmental litigation.

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蒋超,张丹.我国环境民事公私益诉讼的并行与融合[J].重庆大学学报社会科学版,2022,28(3):269~278

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  • Online: July 04,2022
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