生态环境检察公益诉讼与生态环境损害赔偿诉讼衔接研究

Research on the Connection between Ecological Environmental Procuratorial Public Interest Litigation and Ecological Environmental Damage Compensation Litigation

环境检察公益诉讼以环境检察民事公益诉讼形式加强对国家环境公共利益的维护,以环境行政公益诉讼形式监督行政部门履行环境保护监管义务,是以一体两面的方式维护我国环境公共利益。生态环境损害赔偿诉讼是行政部门针对本区域内的生态环境损害案件提起的诉讼。一方面,行政权属性的自查自纠易产生包庇与瞒报,进而导致“一案无诉”或“诉不到位”;另一方面,因其与环境检察公益诉讼在诉讼范围和目的方面的高度契合,使其在与环境检察民事公益诉讼并行过程中,易导致环境问题“一案两诉”的情形。明确环境检察行政公益诉讼与环境损害赔偿诉讼的衔接规则,理顺环境检察民事公益诉讼与生态环境损害赔偿诉讼之间的冲突关系,是环境检察公益诉讼与生态环境损害赔偿诉讼之间衔接的路径。

Environmental procuratorial public interest litigation strengthens the maintenance of national environmental public interest in the form of environmental procuratorial civil public interest litigation,and supervises the administrative organs to fulfill their environmental protection supervision obligations in the form of environmental administrative public interest litigation,which is to safeguard China's environmental public interest from two sides.The ecological environment damage compensation lawsuit is a lawsuit filed by the administrative department against the ecological environment damage cases in the region.On the one hand,the self-examination and self-correction of the attribute of administrative power is easy to produce cover-up and concealment,which leads to"no litigation in a case"or"inadequate litigation";on the other hand,because it is highly consistent with the scope and purpose of environmental procuratorial public interest litigation,it is easy to lead to the situation of"one case,two lawsuits"of environmental problems in the parallel process of environmental procuratorial civil public interest litigation.Clarifying the convergence rules between environmental procuratorial administrative public interest litigation and environmental damage compensation litigation,and straightening out the conflict between environmental procuratorial civil public interest litigation and environmental damage compensation litigation are the paths for the convergence between environmental procuratorial public interest litigation and environmental damage compensation litigation.