利益衡平理论在环境民事赔偿责任领域的嬗变

On the Evolution of the Theory of Interests Balance in the Field of Civil Compensation for Environmental Liability

受个人本位观的影响,利益衡平理论在传统民事赔偿责任领域表现为个体利益的衡平,即以受害人利益为中心,受害人与加害人之间个体利益的协调与平衡;由于环境侵权行为的特殊性和环境民事赔偿责任领域相关主体利益需求的多元化,利益衡平理论在环境民事赔偿责任领域出现明显的发展变化,即从个体利益的衡平走向多元利益的衡平,具体表现为以社会利益为中心,受害人利益、加害人利益和社会利益之间的多元利益的协调与平衡。

Under the influence of Individual-based ideal,the theory of interests balance is regarded as the balance between individual interests in traditional civil compensation for liability. That is, it is the balance and coordination occurs between victims and inflicters on individual interests, based on the interests of victims. But, owing to the special nature of environmental torts and different needs between different Groups of Individual in civil compensation for Environmental liability, the theory of interests balance takes on obvious change in vivil compensation for environmental liability, That is,it shows a kind of trend from the individual interests balance to multiple interests balance, And specifically, it shows the balance and Coordination of multiple interests between victims, inflicters and society, based on the interests of society.