On the coordination of criminal litigation right and civil public interest litigation right in the environmental field
The severe environmental damage behaviors constitute the common applicable objects of the right of criminal litigation and the right of civil public litigation.However,the legislation in our country does not clearly stipulate the relationship between the exercise of two rights of public litigation.And in practice,it shows that environmental civil public interest litigation should be attached to the criminal litigation,but the latter is alienated from the former.This is because environmental civil public interest litigation has a high degree of affinity with the constituent elements of criminal right of action in terms of object scope,subject qualification and realization of appeal,but it is inconsistent with criminal right of action in terms of time limit of handling cases,cost of exercising the right of action and execution of property punishment.Therefore,based on the same applicable objects of the two rights of action,and oriented by prioritizing restoration of the damaged eco-environment,we should implement a legalized model of public interest damage review in the process of criminal case handling,initiate immediately civil public interest right of action from the process of arrest approval or intervention investigation,abide by the requirement that the incidental be the principle with no incidental being the exception,positively interact with the judicial power of the court,and finally realize the effective coordination of the two rights of action.
ecological environmental damagecriminal litigation rightcivil public litigation rightregulating coordination
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