基于环境恢复的环境污染损害责任与建立

The Establishment of Restoration-based Liability Regime for Damage to Environment in China

环境本身损害的责任缺失是我国环境污染管理中亟待解决的突出问题。文章从社会经济系统与其支撑环境间作用关系过程链的三个响应环节出发,分析了建立环境本身损害责任机制的作用、意义及环境本身损害赔偿的内涵与构成。提出了围绕突发性污染排放问题,以恢复环境为目标,衔接我国环境应急管理系统实施环境本身损害责任的构架。结合突发性污染排放建立环境损害的恢复责任,对推进环境污染损害管理和深化污染事故应急处置具有重要支持作用。

It is in urgent need for China to establish a liability regime for damage to environment due to pollution incidents. This article begins with an analysis of three strategic components to coordinate the relationship between human society and the environmental system according to a process chain from human activities to environment. Subsequently, the paper discusses the environmental restoration implication of liability for damage to environment after identifying the problems marked by the overall lack of compensation liability for damage to environment in China. Finally, the paper proposes a pilot scheme as priority to develop the liability regime for injury to environment, which focuses the cases of environmental damage related to the pollution incident and is based on the clean up action of current environmental emergency system. The establishment of environmental damage liability will be helpful for strengthening pollution emergency system and environmental damage management in China.