填涂造地过程中农民生态环境权益减损的法律矫正

Legal Correction Mechanism for the Derogation of Environmental Rights and Interests of Farmers in the Process of Expropriation of Coastal Tidal Flat

相较一般的民事权益减损,农民因填涂造地而减损的生态环境权益表现为明显的"二元性",即受损权益性质的二元性、受损权益时空的二元性、权益减损范围的二元性、受损权益内容的二元性和责任主体的二元性。有鉴于此,填涂造地过程中农民生态环境权益减损的法律矫正,就不能局限于对私权益受损的民法矫正。但是,既有法律矫正体系却未能完全匹配填涂造地过程中农民生态环境权益减损的"二元性"特点,应从发展农村、农民社会组织,整合分散配置的行政规划权,完善既有生态环境损害补偿制度,塑造以农民表达权为核心的程序法治,建立社会化生态环境损害矫正机制等方面入手加以完善。

Compared with the general derogation of civil rights and interests, the rights and interests of farmers in the process of expropriation of coastal tidal flat is duality, which mainly include the nature of the equity, time and space, impaired range and content and the subject of responsibility. Thus, the legal cor-rection for environmental rights and interests of farmers in the process of expropriation of coastal tidal flat is not limited to legal correction for private rights and interests in the civil law. The existing legal remedy mechanism fails to fully match the characteristics of the duality. Suggestions on perfecting China’s legislation might be derived from the development of rural areas and peasant social organizations, integration and de-centralization of administrative planning power, improving the existing ecological and environmental damage compensation system, molding the procedural rule of law with the right of expression of farmers as the core. Last but not the least, the establishment of social ecological environment damage correction mechanism and other aspects should be improved.