검찰기관의 환경공익소송과 생태환경 손해배상제도와의 연결 - 실무적 고찰을 중심으로 -

Abstract

As for the ecological environment damage, the victim's self-relief can not be realized. The intervention of state power is necessary. In our country, the administrative organ, as the representative of public power, mainly solves the problem through administrative law enforcement. As far as the traditional administrative means are concerned, the relief provided for ecological environment damage has certain limitations. Due to the deficiency of administrative law enforcement, judicial relief has become the inevitable choice of ecological environment damage relief, thus forming a “double track” protection mode of administrative law enforcement and judicial relief in ecological damage compensation relief. The system of compensation for environmental damage and the environmental public interest litigation system by procuratorial organs also represent the development direction of the two track system. The environmental civil public interest litigation and the system of compensation for the damage to the ecological environment are highly applicable to the scope of application, and thus bring about the problems of prosecution rank and res judicata, and the role of procuratorial organs in bringing environmental administrative public interest litigation is not clear in this field. In order to give full play to the advantages of their respective systems, it is very important for procuratorial organs to link environmental public interest litigation with ecological damage compensation system effectively. In the process of linking up, we should adhere to the principle of administrative power leading and judicial relief supplementary. We should not only give full play to the professional advantages of administrative power, but also avoid the shortcomings of judicial supervision. In the specific system design, based on the advantages of administrative consultation on ecological environment damage, we should establish the priority of administrative consultation on ecological environment damage in accordance with both ecological environment damage compensation and environmental public interest litigation. When the administrative organ fails to fulfill its claim responsibility for ecological environment damage, which results in damage to the national and public interests, the procuratorial organ shall give priority to supervising the administrative organ to fulfill its claim responsibility for ecological environment damage through administrative public interest litigation. In the same case, if there are not only ecological environment damage compensation litigation initiated by administrative organs, but also environmental civil public interest litigation initiated by social organizations, the two systems should be established.