生态环境损害赔偿诉讼与环境民事公益诉讼衔接机制的重构

The Reconstruction of the Linking Mechanism between Ecological Environmental Damage Compensation Litigation and Environmental Civil Public Interest Litigation

生态环境损害赔偿诉讼优于环境民事公益诉讼在《生态环境损害赔偿案件若干规定》第17条得以确立。然而,检视该条规定不难发现其存在的问题:"诉讼中止无依据"、"未涵盖诉讼请求界定不明"、"违反自由心证原则"。因生态环境损害赔偿诉讼保护的利益为公共利益,其本质为环境公益诉讼,故其与环境民事公益诉讼的衔接机制应采取合并审理模式。

The lawsuit of damages of ecological environment is better than that of civil public interest lawsuit.However,it is not difficult to identify the problems in this article:"no basis for the suspension of litigation","unclear definition of non-covering litigation request"and"violation of the principle of free proof",because the interests of environmental damages litigation protection are public interest,the essence of which is environmental public interest litigation,so the linking mechanism between it and environmental civil public interest litigation should be the mode of combined trial.