生态环境修复制度法典化的法理分析与规范设计

Legal Basis and Article Designation of the Codification of Ecological Environment Restoration System

生态环境修复是生态环境质量改善的核心,也是生态环境损害救济的核心。生态环境修复制度具有环境法基本制度应具备的特质,并应当成为《生态环境法典》中的一项基本制度。生态环境修复制度在我国立法中已有一定的发展,在宏观尺度与微观尺度上皆有建构,并可具体化为法律义务、法律责任和法律措施,进而通过行政机制或司法机制实施。生态环境修复制度的法理基础在于国家环境保护义务和损害担责原则。国家义务的设立宗旨在于回应公民对良好生态环境质量的诉求、保障公民的环境权益;损害担责原则则是对国家义务的补充,旨在强调一般个体和组织对生态环境必须有合理的关照。在《生态环境法典》的编纂中,生态环境修复制度应立足国家义务本位,兼顾损害担责原则的实现,建构具体规则,完善制度内容,以体系化的规范体现于法典的对应章节中,继续强化其改善生态环境质量和救济生态环境损害的主导作用。

Ecological environment restoration is both the core of ecological environment quality improvement and the core of ecological environment damage remedy.Ecological environment restoration system possesses the qualities of a basic system of environmental law,so its should become a basic system in the Ecological Environment Code.The system,which has been developed in China’s legislation and constructed on both the macro and micro scales,can be concretized into legal obligations,legal responsibilities and legal measures,and then implemented through administrative or judicial mechanisms.The legal basis of the system is on the national obligation of environmental protection and the principle of liability for damage.The purpose of the establishment of national obligation is to respond to the citizens’demand for a good ecological environment quality and protect the rights and interests of the citizens;the principle of liability for damage is a supplement to the national obligation,which aims to emphasize that oridinary individuals and organizations should have reasonable and necessary concern for the ecological environment.In the compilation of the Ecological Environment Code,the system should be based on national obligation and combined with the principle of liability for damage,constructing specific rules and improving its content,and be reflected in the corresponding chapters of the code in the form of systematized norms,so as to continue to strengthen its core role in improving the quality of the ecological environment and ecological environment damage remedy.