美国路易斯安那州自然资源损害评估制度及其启示

Natural Resource Damage Assessment System of Louisiana and Its Enlightenment

联邦《石油污染条例》、州《溢油预防和应对法案》和《溢油预防和应对条例》共同构成了美国路易斯安那州自然资源损害评估制度体系,确立了评估活动主导者和参与者明确、程序清晰、客观公正、资金来源有保障,且融合了应急、评估、响应行动于一体的评估制度。我国正在建立的生态环境损害赔偿制度,虽然就损害评估已经形成了部分规范性文件,但多重视的是评估机构的资质管理和具体的评估技术方法,有必要借鉴域外经验,从主体构建、程序设计、多方参与、评估资金、融合评估和应急、恢复行动于一体五个方面完善评估管理制度。

The Natural Resource Damage Assessment System of Louisiana is constituted by Oil Pollution Act Regulations of federal, Oil Spill Prevention and Response Act and Oil Spill Prevention and Response of state. It establishes an evaluation system that has the clear leaders and participants of the assessment activities, the specific procedures, the objective and impartial process and the guaranteed source of funds. Furthermore, emergency, assessment and response actions are integrated into the assessment system. China is now building a system of Ecological Environmental Damage Compensation. Although some normative documents have been formed in damage assessment, they only focus on the qualification management of the assessment agency and the concrete evaluative techniques. Therefore, it is necessary to use the experience of foreign countries. Based on the present situation, the damage assessment system should be improved from five aspects: the subject construction of government system, the design of procedures, multi-participation, the funds of damage assessment and the integration of emergency, assessment and response actions.