Research on the Synergy of Marine and Land Environmental Civil Public Interest Litigation from the Perspective of Land and Sea Cordination
Marine environmental civil public interest litigation and environmental civil public interest litigation is a special and general relationship.The strong foreign-related nature of marine environmental issues determines that marine environmental civil public interest litigation has special provisions in the proper subject,jurisdiction court and so on.Such special provisions should not be repealed.However,the parallel relationship between marine environmental civil public interest litigation and environmental civil public interest litigation has resulted in disputes over the appropriate subject and jurisdiction of sea and land cross-pollution,and there are challenges in the coordination of the two litigation.This problem arises from the fact that civil public interest litigation for the marine environment is limited to the geographical concept of the sea,which severs the connection between land and sea under the same polluting act.The concept of land and sea coordination requires the connection between land and sea to be opened,and the integration of land and sea to protect the marine ecological environment.Under the guidance of this concept,the scope of civil public interest litigation for marine environment can be adjusted in an integrated way,so as to avoid the situation of dual-track civil public interest litigation for land and marine environment.Specifically,in the case of cross-pollution by sea and land,the place where the damage occurred can be used as the judgment standard.If the damage occurred in the sea,it belongs to the scope of accepting civil public interest litigation of marine environment,while if the damage occurred in the land,it belongs to the scope of accepting civil public interest litigation of environment.
land and sea coordinationmarine environmental civil public interest litigationenvironmental civil public interest litigationmaritime sovereigntyterrestrial pollution
NETL
NSTL
万方数据
