Path Adjustment and Entry Rules Arrangement for Relief of Ecological Environmental Damage
At present our country eco-environmental damage relief path includes path of administrative law enforcement that includes administrative order,administrative punishment,path of government claim filed by the government department and path of environmental civil public interest litigation.The multi-path institutional system is not well-ordered,and there are difficulties such as legal logic foundation and logic obstacles,poor institutional connection,and misalignment of relevant subjects' roles.To build an unimpeded relief path for ecological environmental damage and improve environmental management continuously is an important subject to promote the modernization of ecological environmental protection and management.Under the specific background of codification,the relief path of ecological environmental damage still faces the new challenge of how to arrange the rules of codification.To clarify the relationship between administrative law enforcement,government claim and environmental civil public interest litigation in the relief path of ecological environmental damage,respect the first judgment right of administrative law enforcement,take administrative law enforcement as the first choice,followed by government claim,and environmental civil public interest litigation as a supplement.In order to ensure the consistent internal logic of paths and handle the connection between paths,it is necessary to type and distinguish the paths of compensation for ecological environmental damage and give full play to the joint efforts of the system.
ecological and environmental damageadministrative law enforcementgovernment claimsenvironmental civil public interest litigationenvironmental code