Challenges and Solutions of the Government Claim System for Marine Ecological Environment Damage
Given the holistic,shared,and public nature of the marine ecological environment,the theoretical basis for government claims for damage to the marine ecological environment should return to the framework of public law to seek a reasonable explanation.Based on this,it can be classified as a new form of the exercise of public rights with"public law nature and private law operation".In terms of its regulatory approach,China should combine the development trend of national institutional reform and take the opportunity of the implementation of the revised Marine Environmental Protection Law in 2023 to establish a"decentralized supervision+centralized claims"authority operation mode in the field of marine environmental protection,clarify the exercise rules of"priority of administrative supervision,supplemented by compensation litigation",and achieve effective linkages among multiple claim subjects such as government departments,procuratorial organs,and environmental organizations.It must be acknowledged that in recent years,the establishment and development of China's relief mechanism for marine ecological environment damage led by government claims have improved the effectiveness of national marine environmental governance.However,it should also be recognized that this new mechanism of"public law nature and private law operation"is not the best solution for China's marine environmental public welfare maintenance.In fact,whether it is a marine ecological environment damage compensation lawsuit filed by government departments,or a marine environment civil public interest lawsuit filed by procuratorial organs or environmental organizations,they are all manifestations of marine environmental justice.For marine environmental protection,justice is only one link and component.Compared to administrative supervision,the efficiency of judicial relief is relatively lower.China's marine ecological environment damage relief work should prioritize relying on more efficient and flexible administrative regulatory power,while the civil claim right centered on judicial trial should adhere to the principle of"no complaint,no response",as the"last line of defense"for marine environmental public welfare maintenance.This is the most efficient and pragmatic choice for China's marine environmental legal practice.Therefore,in the context of the implementation of the newly revised Marine Environmental Protection Law in China,relevant academic research should focus on the shortcomings of the current relief mechanism led by government claims in terms of conceptual application and legal basis,and ultimately return to the perspective of public law to carry out corresponding normative construction and theoretical exploration of the relief mechanism for marine ecological environment damage.
a maritime powergovernment claims for ecological environment damagethe nature of public lawmodern environmental governance system