生态环境损害赔偿诉讼与环境民事公益诉讼的制度整合

Discussion on the Regime Integration Between Environmental Damage Compensation Litigation and Environmental Civil Public Interest Litigation

生态损害赔偿诉讼与环境民事公益诉讼具有维护生态环境公共利益、促进可持续发展的共同目标,但两者在适用范围、运行程序上有所重叠,导致理论与实践层面诸多冲突。对此,最高人民法院出台了衔接规则试图缓和两诉冲突,但未能彻底解决问题。在衔接规则无法解决两诉冲突的情况下,两诉的制度整合成为一种新思路。以环境民事公益诉讼作为制度整合的蓝本与核心,通过厘清两诉的理论争议,明晰生态损害赔偿诉讼作为特殊环境民事公益诉讼的本质,奠定整合的理论基础。在具体路径上,将行政机关列入整合后环境民事公益诉讼的原告,并对磋商程序、起诉顺位规则及举证规则进行优化,为解决两诉冲突提供治本之策。

Environmental damages litigation and environmental civil public interest litigation have the common goal of safeguarding the public interest in ecological environment and promoting sustainable development.However,they overlap in the scope of application and operational procedures,which cause many conflicts in theory and practice.In response to this,the Supreme People’s Court has introduced bridging rules in an attempt to ease the conflict between the two lawsuits,but has not been able to completely solve the problem.In the situation where the connection rules cannot completely solve the conflict between the two lawsuits,the integration of the two lawsuit system has become a new approach.Taking environmental civil public interest litigation as the blueprint and core of institutional integration,by clarifying the theoretical dispute of two lawsuits,clarifying the essence of ecological damage compensation litigation as a special environmental civil public interest litigation,and laying the theoretical foundation of integration.In the specific path,the administrative organs will be listed as the plaintiffs of the integrated environmental civil public interest litigation,and optimize the consultation procedure,the rules of prosecution and the rules of evidence,so as to provide a fundamental solution for solving the conflict between the two lawsuits.