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Published in last 1 year |  In last 2 years |  In last 3 years |  All Please wait a minute... For Selected: Download Citations EndNote Ris BibTeX Toggle Thumbnails Select The Optimization of the Judicial Relief System for Ecological Environment Damage YU Wenxuan, SUN Zhaoyu Journal of Jishou University(Social Sciences Edition)    2022, 43 (4): 31-40.   DOI: 10.13438/j.cnki.jdxb.2022.04.005 Abstract （769）      PDF（pc） （798KB）（232）       Knowledge map    Save In view of eco-environmental damage,China has gradually formed a judicial relief system of environmental civil public interest litigation,environmental administrative public interest litigation and eco-environmental damage compensation litigation,aiming to provide multi-directional protection and supervision for the ecological and environmental public interests.In the development of the judicial relief system for damage to ecological environment,the debate on the nature of different litigation systems,the expansion and infiltration of the scope of application,the dislocation of functions between administrative and judicial organs,and the ambiguity of thecontent of procuratorial organs' right of public interest litigation have gradually exposed their endogenous dilemma,so there is an urgent need to make a refined and systematic normative design.For this reason,based on the measurement of rights (power) and obligations,we should re-examine the role function and the distribution of rights and responsibilities of the subject,and reasonably set up the applicable order of different litigation systems.Based on the investigation of the function of the system,according to different functions such as "risk prevention","damage filling" and "legal supervision",the respective application scope of "three claims" should be delineated.At the same time,we should strengthen the interactive relationship between different litigation systems to ensure systematic coordination,so as to build layers of progressive judicial relief system for ecological damage. Reference | Related Articles | Metrics | Comments（0） Select The Cooperation of Public and Private Laws in the Relief of Ecological Environment Damage from the Perspective of Damage Types XU Yixiang, LIU Jichen Journal of Jishou University(Social Sciences Edition)    2022, 43 (4): 41-52.   DOI: 10.13438/j.cnki.jdxb.2022.04.006 Abstract （633）      PDF（pc） （817KB）（227）       Knowledge map    Save The public and private laws of eco-environmental damage relief fail to achieve orderly and efficient cooperation in the identification of damage and the application of damage liability.The reason lies in the lack of typed analysis of eco-environmental damage,ignoring the important differences between different types of damage in the economic principles of regulation and the needs of legal system.By combing the judicial practice experience of eco-environmental damage relief and the environmental economic explanation of pollution control,we can find that the reason why eco-environmental damage cannot be effectively controlled through the market lies in its high transaction cost.For different types of eco-environmental damage,the supply of economic methods and legal systems needed to reduce transaction costs are not the same.The local eco-environmental damage can be effectively remedied by defining and encouraging the private law path of the claimant.The administrative order relief system can only provide more timely and rapid relief for local ecological environment damage within the limited scope clearly stipulated by relevant laws and regulations,so the relief of local eco-environmental damage needs the cooperation mode of public and private law which is coexisting,complementary and coordinated.The main methods of regional eco-environmental damage relief are command-controlled regulation and economic incentive methods,so the relief of regional eco-environmental damage should only be dominated by public law norms. Reference | Related Articles | Metrics | Comments（0）