论执行在中国环境民事公益诉讼制度中的应用

Abstract

To establish a timely, efficient and perfect effective judgment execution system is the key to improve the environmental civil public interest litigation system. Due to the preventive nature of environmental protection, the publicity of environmental public interest, and the complexity and ambiguity of the assessment of interest damage, the execution of the effective judgment of environmental civil public interest litigation is more complicated and independent than that of ordinary civil litigation. At present, there are many problems in the execution process of the effective judgment of environmental civil public interest litigation in China, such as the public not playing a supervisory role in the execution procedure, the lack of unified management system for the compensation in place, and the people subjected to execution being unable to undertake environmental responsibility after bankruptcy. Therefore, the execution of the above litigation should focus on protecting the value of environmental civil public interest litigation system, initiating the power of environmental judicial activism, and protecting the public interests of the society and the public. When executing the litigation, we should clarify the scope and responsibility of the participants, explore the establishment and improvement of the unified management system of the execution property, endue environmental protection organizations and the public with the right to supervise the execution procedure, and establish and improve the system of undertaking civil environmental liability when the subject goes bankrupt, so that the damage to the environmental public interest can be compensated and the ecology can be restored.