生态环境损害赔偿诉讼的公益诉讼解释论

The Interpretation of Public Interest Litigation in the Litigation of Eco-environmental Damages

生态环境损害赔偿诉讼在制度建构中排除对私益的救济,仅以公益救济为诉讼目的。既有以"自然资源国家所有"及公共信托理论为依据的论证进路无法将公共利益转化为个人利益,抑或上升为国家利益保障的高度来实现诉讼目的,故而生态环境损害赔偿诉讼仍是一种公益诉讼。在公益诉讼体系的定位上,由于其与环境民事公益诉讼所救济之实体公益的内涵一致,经规范分析可将其描述为一种特殊的环境民事公益诉讼。在行政机关的诉权来源上,基于传统实体权益配置的解释思路可能偏离环境公共利益的实际享有状态,宜在公益诉讼的构造下以"法定诉讼担当"为原理进行解释。

The lawsuit for ecological environmental damages excludes the relief of private interests in the construction of the system,and only takes public welfare relief as the purpose of litigation.On the basis of the theory of "national ownership of natural resources" and the theory of public trust,the public interest can not be transformed into individual interests or rise to the height of national interest protection to achieve the purpose of litigation.Therefore,the lawsuit of ecological environment damage compensation is still a kind of public interest lawsuit.In the positioning of the public interest litigation system,because it is consistent with the connotation of the entity public interest relief by the environmental civil public interest litigation,it can be described as a special kind of environmental civil public interest litigation by normative analysis.Based on the traditional allocation of substantive rights and interests,the explanation may deviate from the actual enjoyment of environmental public interests,and it should be interpreted as legal litigation under the structure of public interest litigation.