论油气企业生态损害的法律救济

On Legal Remedies for Ecological Damage Caused by Oil - Gas Enterprises

油气企业活动对生态环境具有高风险性。根据形成原因和形成时间不同,油气企业的生态损害可分为累积性生态损害与事故性生态损害两种。对于前者,需要通过构建新型环境责任保险、建立行业性生态损害填补基金及行业风险分担协议等方式实现社会化救济;对于后者,则应通过《侵权责任法》予以救济。

Activities made by oil and gas companies can bring high risks to ecological environment. According to the different forming reasons and time, ecological damages made by oil and gas companies can be divided into two damages：cumulative ecological damages and accidental ecological damages. For the former, the socialized remedy should be realized by constructing new environmental liability insurance, establishing industrial ecological damages filling fund and industrial risk sharing agreement;for the latter, the remedy should be made by applying the Tort Liability Law.