The Limits of Applying the Execution Reconciliation System in Environmental Civil Public Interest Litigation Judgments
The relevant judicial interpretations of public interest litigation have established more complete principles and rules regarding the"enforceability of environmental public interest litigation judgments".The environmental civil public interest litigation judgments can only be applied to the enforcement of the settlement system when necessary.In terms of specific limitations,whether different environmental civil public interest litigation claims can be applied to the enforcement of the settlement system should not be generalized.In principle,the parties shall not be allowed to carry out enforcement settlement for the right of defense or the right of ecological environment repair.However,if the damaged ecological environment is difficult to restore,the parties may exceptionally be allowed to enter into settlement agreements such as or"subscription for carbon sinks".Since the costs or damages associated with ecological restoration are directly used to remediate the damaged environment,the enforcement court should not permit parties to alter the nominal content of the execution or the performance period,except in cases where the other party voluntarily reduces the amount of ecological restoration costs incurred.After reaching an executive settlement agreement,the enforcement court shall continue to supervise the implementation of the settlement agreement.If a state-regulated body or a legally regulated organization is negligent in exercising its duties as a party to the settlement,the procuratorate shall prepare a position to act as a party to the settlement in the enforcement proceedings.
civil public interest litigation of ecological environmentconciliation of executionresponsibility for ecological restorationresponsibility for ecological damages
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