The New Dual-track System of Environmental Governance from the Perspective of Risk Aversion in Ecological and Environmental Damage Canpensation Litigation
The implementation of ecological environmental damage compensation litigation,while enforcing the"liability for harm"principle,brings about a series of liability risks,including increased responsibility for polluters,weakening of the re-sponsibilities of administrative agencies,hindered supervision by prosecutorial organs,and futility of litigation rights of envi-ronmental protection organizations.The root cause lies in the excessive focus of the institutional designers on the private inter-est attributes of ecological environmental damage compensation litigation.In fact,the essential attribute of ecological environ-mental damage compensation litigation is its public interest nature.Centered on the return to the public interest attributes of ec-ological environmental damage compensation litigation,this study proposes the construction of a"new dual-track system"of environmental governance,where"prosecutorial organs—administrative organs—environmental law enforcement—environ-mental civil public interest litigation(broad)"and"public interest organizations—prosecutorial organs—environmental civil public interest litigation(narrow)"operate concurrently.This approach facilitates effective alignment between environmental law enforcement and broad environmental civil public interest litigation,ecological environmental damage compensation litiga-tion and narrow environmental civil public interest litigation,as well as seamless integration between environmental civil public interest litigation and environmental administrative public interest litigation,thereby effectively mitigating various liability risks in the implementation of ecological environmental damage compensation litigation.
environmental governanceecological environmental damage compensation litigationrisk aversionnew dual-track system
万方数据
