On the Nature of Litigation for Compensation for Marine Ecological Environment Damage:An Explanation of Paragraph 2,Article 114 in the Marine Environmental Protection Law
Regarding the nature of the litigation seeking compensation for marine ecological environment damage,diverse perspectives exist,including public interest litigation,national interest litigation,and private interest litigation.From the lens of legislative evolution,specific content and related judicial practices of the provisions under the Marine Environmental Protection Law,it becomes evident that the nature of such litigation revolves around national interest.Given the ambiguity surrounding the nature of litigation as stipulated in Paragraphs 2 and 3 of Article 114,it is proposed that the related expression in Paragraph 3 of Article 114 be revised to"damage to the public interest of society",as distinct from the expression"causing significant damage to the State"in Paragraph 2.This revision aims to provide greater clarity and distinction in defining the nature of marine environmental litigation stipulated in those two paragraphs.
litigation for compensation for marine ecological environment damageMarine Environmental Protection Lawnature of litigationpublic interests
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